United States Second Circuit

Pendency of an Article 78 proceeding in the New York state courts where petitioner seeks material he claimed might be of help in developing a challenge to his conviction does not toll the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act.

Appellate Information

• Decided 10/11/2001
• Published 10/11/2001

Judges

• JON O. NEWMAN, Circuit Judge., Before NEWMAN, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• George W. Galgano, Jr., Hawthorne, NY, submitted papers for petitioner-appellant.