Richard Cunningham v. Robert Henderson, Superintendent, Auburn Correctional Facility, Respondent

KEARSE, Circuit Judge:

Respondent Robert Henderson, superintendent of a correctional facility of New York State at which petitioner Richard Cunningham is incarcerated as a result of a 1978 state conviction, appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, granting Cun ningham’s petition for a writ of habeas corpus on the ground that Cunningham was denied effective assistance of appellate counsel. The district court’s judgment ordered that the State either provide Cunningham with appellate counsel within 90 days…