Russo v. New York

*411ON REHEARING

In Russo v. State of New York, 672 F.2d 1014 (2d Cir.1982), we reversed the judgment entered after a jury trial in the United States District Court for the Southern District of New York, 515 F.Supp. 470, awarding plaintiffs compensatory and punitive damages in a malicious prosecution action because we held that plaintiff Anthony Russo had not proved that the underlying criminal proceedings were terminated in his favor. We remanded for a new trial. Subsequently, Russo applied to this Court for permission to file a late petition for rehearing claiming that our mandate should be…