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

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

DecidedAugust 11, 1980

StatusPublished

Cited by3 cases

This text of 77 A.D.2d 897 (Melmarkets, Inc. v. Dillon) 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

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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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]*898possession 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]*898possession 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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Bluebook (online)

77 A.D.2d 897, 430 N.Y.S.2d 687, 1980 N.Y. App. Div. LEXIS 12688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melmarkets-inc-v-dillon-nyappdiv-1980.

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