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PROP. CLERK v. SCRICCA

140 Misc.2d 433 (1987)

Property Clerk, New York City Police Department, Plaintiff, v. Madalyn L. Scricca, Defendant.

Supreme Court, New York County.

December 29, 1987

Attorney(s) appearing for the Case

White & Case (Allan L. Gropper of counsel), for defendant. Peter L. Zimroth, Corporation Counsel (Robert Goldman and Gary Nester of counsel), for plaintiff.

WALLACE R. COTTON, J.

Defendant's motion, pursuant to CPLR 3211 (a) (3) and (7), to dismiss the instant forfeiture action brought by the plaintiff Property Clerk, New York City Police Department (Property Clerk) is denied.

On June 3, 1987, police officers allegedly observed one Thomas Cotogna purchase a controlled substance in a park located in Queens. Subsequent to the aforesaid purchase, Cotogna entered...

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