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MATTER OF OAKLEY v. POLICE PROP. CLERK OF NASSAU COUNTY

75 A.D.2d 816 (1980)

In the Matter of Michael Oakley, Respondent, v. Police Property Clerk of Nassau County, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1980

Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and the proceeding is dismissed in its entirety on the merits.

A notice of claim must be timely filed where the gravamen is the wrongful retention by a municipality of money or property after the disposition of a criminal action in the course of which the money or property had been seized. This filing requirement, as we noted in Matter of Abramowitz v Guido (

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