ARTUZ, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY – Appellant
Versus
BENNETT, (2000) – Respondent
A New York trial court orally denied respondents 1995 motion to vacate his state conviction. Subsequently, the Federal District Court dismissed respondents federal habeas petition as untimely, noting that it was filed more than one year after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In reversing and remanding, the Second Circuit concluded that 28 U. S. C. §2244(d)(2), which tolls AEDPAs limitations period during the time that a "properly filed" application for state postconviction relief is pending, also tolls the 1-year grace period which the Circuit has allowed for the filing of applications challenging pre-AEDPA convictions; that, in the absence of a written order, respondents 1995 motion was still pending under §2244(d)(2); and that the 1995 motion was properly filed because it complied with rules governing whether an application for state postconviction relief is "recognized as such" under state law. It thus rejected petitioners contention that t
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