Eliot S. Sash v. Michael Zenk, Federal Bureau of Prisons

SOTOMAYOR, Circuit Judge.

ON PETITION FOR REHEARING

Appellant Eliot S. Sash petitions the panel for rehearing to reconsider its decision in Sash v. Zenk, 428 F.3d 132 (2d Cir.2005). We assume familiarity with our original decision and its underlying facts. Because Sash has failed to show “point[s] of law or fact that ... the court has overlooked or misapprehended,” Fed. R.App. P. 40(a)(2); see Treadway Cos., Inc. v. Care Corp., 638 F.2d 357, 386 (2d Cir.1980) (denying petition for rehearing), the petition is denied. We write to address an issue, not raised in the briefs or oral argument in this…