KOZLOWSKI v. HULIHAN

Nos. 12-0764-pr(L), 12-0776-pr(CON)

L. DENNIS KOZLOWSKI, Petitioner-Appellant, v. WILLIAM HULIHAN, Respondent-Appellee. MARK H. SWARTZ, Petitioner-Appellant, v. SUPERINTENDENT PAUL ANNETTS, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

February 4, 2013.


Attorney(s) appearing for the Case

ALAN S. LEWIS (Michael Shapiro, Jeffrey L. Loop, Michael H. Bauscher, Laura A. Zaccone, on the brief), Carter Ledyard & Milburn LLP, New York, NY, for L. Dennis Kozlowski, for Petitioners-Appellants.

NATHANIEL Z. MARMUR, Stillman & Friedman, P.C., New York, NY, for Mark H. Swartz.

AMYJANE RETTEW, Assistant District Attorney (Gina Mignola, Assistant District Attorney, on the brief), for Cyrus R. Vance, Jr., District Attorney for New York County, for Respondents-Appellees.

PRESENT: JOSÉ A. CABRANES, RICHARD C. WESLEY, JESSE M. FURMAN,


SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the February 8, 2012 judgment of the District Court be AFFIRMED.

L. Dennis Kozlowski and Mark H. Swartz appeal from a judgment of the District Court denying their petitions for writs of habeas corpus. They argue that the District Court erred in holding that an independent and adequate state-law ground bars federal habeas review. "We review a district...

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