Ben Gersten v. Daniel Senkowski, Superintendent of Clinton Correctional Facility, Eliot L. Spitzer, Attorney General of the State of New York

POOLER, Circuit Judge.

Respondent-appellant Daniel Senkowski, Superintendent of Clinton Correctional Facility, appeals from a memorandum, judgment, and order of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge), entered January 21, 2004, granting petitioner-appellee Ben Gersten’s petition for a writ of habeas corpus under 28 U.S.C. § 2254, ordering that he be released from custody unless new state criminal proceedings were commenced within 60 days, and staying judgment until completion of respondent’s appeal before this Court. See Gersten v.…