District court order dismissing a procedural due process claim as precluded by an earlier dismissal of a similar claim by a New York state court for lack of timeliness is vacated where the dismissal of a claim solely for lack of timeliness in a New York state court does not preclude the same claim from being brought in another jurisdiction with a longer statute of limitations, including a federal court exercising its federal question jurisdiction.
Appeal from an order of the United States District Court for the Southern District of New York.
Argued December 8, 2008
Decided July 15, 2009
Before: FEINBERG, LEVAL, and CABRANES, Circuit Judges.
Opinion by FEINBERG, Circuit Judge.
For Appellant: James G. Sweeney.
For Appellee: Richard J. Guertin, Maria Condoluci.