Floyd v. New York State Police Property Clerk

Appellate Division of the Supreme Court of New York

Floyd v. New York State Police Property Clerk

249 A.D.2d 393, 670 N.Y.S.2d 792, 1998 N.Y. App. Div. LEXIS 3940

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 1998

StatusPublished

This text of 249 A.D.2d 393 (Floyd v. New York State Police Property Clerk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Floyd v. New York State Police Property Clerk, 249 A.D.2d 393, 670 N.Y.S.2d 792, 1998 N.Y. App. Div. LEXIS 3940 (N.Y. Ct. App. 1998).

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Opinion

—In a proceeding pursuant to Public Health Law § 3388 (8) to recover a forfeited vehicle, the petitioner appeals from an order of the Supreme Court, Dutchess County (Juidice, J.), entered January 16, 1997, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the proceeding. The petitioner failed to establish by a preponderance of the evidence any of the affirmative defenses set forth under Public Health Law § 3388 (6) and that he was “without personal or actual knowledge of the forfeiture proceeding” (Public Health Law § 3388 [8]).

In light of our determination we need not reach the petitioner’s remaining contentions. Altman, J. P., Krausman, Florio and Luciano, JJ., concur.

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—In a proceeding pursuant to Public Health Law § 3388 (8) to recover a forfeited vehicle, the petitioner appeals from an order of the Supreme Court, Dutchess County (Juidice, J.), entered January 16, 1997, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the proceeding. The petitioner failed to establish by a preponderance of the evidence any of the affirmative defenses set forth under Public Health Law § 3388 (6) and that he was “without personal or actual knowledge of the forfeiture proceeding” (Public Health Law § 3388 [8]).

In light of our determination we need not reach the petitioner’s remaining contentions. Altman, J. P., Krausman, Florio and Luciano, JJ., concur.

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Bluebook (online)

249 A.D.2d 393, 670 N.Y.S.2d 792, 1998 N.Y. App. Div. LEXIS 3940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-v-new-york-state-police-property-clerk-nyappdiv-1998.

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