District Court, N.D. New York November 26, 1997, No. 97-CV-537 (Brown v. United States)

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

In this matter, the Court is asked to address an issue remanded by the Second Cir*87cuit as well as issues raised in petitioner’s 28 U.S.C. § 2255 motion. On remand is the issue of whether the untimely filing of a notice of appeal by petitioner’s standby trial counsel was “excusable neglect” as understood by Fed. R.App. P. 4(b).