Kenneth Ellman v. R.E. Davis, Warden Westchester County Penitentiary

MINER, Circuit Judge:

Respondent-appellant R.E. Davis, Warden of the Westchester County Penitentiary, appeals from a judgment entered on December 2, 1993 in the United States District Court for the Southern District óf New York (Brieant, /.), on a cross-motion for summary judgment, granting petitioner-appellee Kenneth Ellman’s petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254. The court found that petitioner had exhausted his state court remedies and, in the alternative, if he had not exhausted, that he had demonstrated that the remedies available to him in the state…