LEVAL, Circuit Judge.
This is an appeal from an order of the United States District Court for the Southern District of New York (Mukasey, Chief Judge), dismissing as untimely a petition under 28 U.S.C. § 2254 to set aside a New York State conviction. The district court ruled that § 2244(d)(2) did not toll the period when petitioner's prior petition under § 2254 was pending. Petitioner moves for a certificate of appealability ("COA"). We remand...
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