Melmarkets, Inc. v. Dillon

Appellate Division of the Supreme Court of New York

Melmarkets, Inc. v. Dillon

77 A.D.2d 897, 430 N.Y.S.2d 687, 1980 N.Y. App. Div. LEXIS 12688

Appellate Division of the Supreme Court of the State of New York·Decided August 11, 1980·Published·Cited by 3 cases

Opinion

In a proceeding pursuant to CPLR article 78 to compel the District Attorney of Nassau County to return to petitioner certain manufacturers’ discount coupons which had been taken from its [898] possession pursuant to a search warrant, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 20, 1979, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. While a CPLR article 78 proceeding is an appropriate vehicle to compel the return of property seized by the police (see Boyle v Kelley, 42 NY2d 88; see, also, Matter of Oakley v Police Prop. Clerk of Nassau County, 75 AD2d 816), the proceeding herein must be dismissed for failure of the petitioner to file a notice of claim pursuant to section 50-e of the General Municipal Law (see Matter of Oakley v Police Prop. Clerk of Nassau County, supra). Lazer, J. P., Gibbons, Martuscello and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the District Attorney of Nassau County to return to petitioner certain manufacturers’ discount coupons which had been taken from its [898] possession pursuant to a search warrant, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 20, 1979, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. While a CPLR article 78 proceeding is an appropriate vehicle to compel the return of property seized by the police (see Boyle v Kelley, 42 NY2d 88; see, also, Matter of Oakley v Police Prop. Clerk of Nassau County, 75 AD2d 816), the proceeding herein must be dismissed for failure of the petitioner to file a notice of claim pursuant to section 50-e of the General Municipal Law (see Matter of Oakley v Police Prop. Clerk of Nassau County, supra). Lazer, J. P., Gibbons, Martuscello and O’Connor, JJ., concur.

Melmarkets, Inc. v. Dillon, 77 A.D.2d 897, 430 N.Y.S.2d 687, 1980 N.Y. App. Div. LEXIS 12688 (N.Y. Ct. App. 1980).

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77 A.D.2d 897 (Melmarkets, Inc. v. Dillon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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