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MATTER OF CITY OF BUFFALO v. BROOKS

3 Misc.2d 875 (1956)

In the Matter of the City of Buffalo, Petitioner, v. Jesse Brooks, Respondent.

Supreme Court, Special Term, Erie County.

December 12, 1956.

Attorney(s) appearing for the Case

Thomas I. McElvein for General Motors Acceptance Corporation, intervenor.

John J. Naples, Corporation Counsel (Leonard Schoenborn of counsel), for petitioner.

MICHAEL J. MONTESANO, J.

The intervenor moves to resettle the order herein (ante, p. 492) which directed the return or sale of an automobile adjudged forfeited pursuant to section 3353 of the Public Health Law. It is urged that a finding having been made declaring the intervenor an "owner", innocent of wrongdoing, the order should have directed the automobile restored to the owner without declaring it...

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