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HUTZENLAUB v. PORTUONDO

No. 02CV894 (ADS)(MLO).

232 F.Supp.2d 40 (2002)

Fred HUTZENLAUB, Petitioner, v. Leonard PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent.

United States District Court, E.D. New York.

November 27, 2002.

Attorney(s) appearing for the Case

Julia Pamela Heit, Esq., New York, NY, Attorney for the Petitioner.

Suffolk County District Attorney, by Assistant District Attorney John J. Ribeiro, Riverhead, NY, Attorneys for the Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The petitioner Fred Hutzenlaub ("Hutzenlaub" or the "petitioner") seeks a petition for a writ of habeas corpus involving his robbery and assault convictions in the County Court of Suffolk County, New York (the "County Court"). The respondent moves to dismiss the petition on the ground that it is untimely pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. §§ 2244...

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