Notice: This Summary Order May Not Be Cited As Precedential Authority, but May Be Called to the Attention of the Court in a Subsequent Stage of This Case, in a Related Case, or in Any Case for Purposes of Collateral Estoppel or Res Judicata. See Second Circuit Rule 0.23.robert F. Spigner, Plaintiff-appellant, v. the City of New York, Bronx County; Commissioner Brown, Newyork City Police Department; Police Officer Agron; Policeofficer Fuco; Police Officer Mcdonnell; Police Officemcnulty, et al., Defendants-appellees, 101 F.3d 1393 (2d Cir. 1996)

Robert F. Spigner, pro se, Fishkill Correctional Facility, Beacon, New York, for Appellant.

Janet L. Zaleon, Assistant Corporation Counsel, Appeals Division, New York City, for Appellee.

Present: WINTER, CABRANES, Circuit Judges, MOTLEY, District Judge.^* 

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was submitted.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby affirmed.

Robert Spigner, pro se, appeals from Judge Mukasey's order dismissing as untimely Spigner's complaint filed pursuant to 42 U.S.C. § 1983. We affirm for substantially the reasons stated by the district court in its Opinion and Order filed December 18, 1995. Spigner v. City of New York, No. 94-Civ-8015-MBM, 1995 WL 747813 (S.D.N.Y. Dec. 18, 1995).