What is the standard for review of a denial of a Rule 60(b) motion?

MultiRegion, United States of America

The following excerpt is from Benson on Behalf of Fabiano v. Department of Health and Human Services, 104 F.3d 352 (2nd Cir. 1996):

"The standard for review of the denial of a Rule 60(b) motion is abuse of discretion." Branum v. Clark, 927 F.2d 698, 704 (2d Cir.1991). We find that the district court did not abuse its discretion in denying the motion to reconsider its January 12, 1994, motion to dismiss for failure to prosecute.

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