HODGE v. GREINER

Docket No. 01-2216.

269 F.3d 104 (2001)

Martin HODGE, Petitioner-Appellant, v. Charles GREINER, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: October 11, 2001.


Attorney(s) appearing for the Case

George W. Galgano, Jr., Hawthorne, N.Y., submitted papers for petitioner-appellant.

Before: NEWMAN, CALABRESI, and SACK, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This motion for a Certificate of Appealability ("COA") to appeal the denial of a petition for a writ of habeas corpus merits a brief opinion to consider the claim that the pendency of an Article 78 proceeding in the New York state courts tolls the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (1996) ("AEDPA"). We conclude that, at least in the circumstances...

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