ISSUE: Whether the New York City Police Commissioner is subject to a CPLR article 78 order of mandamus directing return of "seized property" (and ancillary relief) taken incidental to misdemeanor arrest, later transferred under subpoena to United States Attorney (SDNY; nonparty herein) prior to later apparent dismissal of the arrest-triggering charge(s)?
A. PROCEDURAL HISTORY
Petitioner, Julio Rosado, moves for an order...
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