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HIMELEIN v. RICHARDS

135 Misc.2d 585 (1987)

Larry M. Himelein, as District Attorney of Cattaraugus County, Petitioner, v. Lloyd R. Richards, Jr., Respondent.

Supreme Court, Cattaraugus County.

January 26, 1987

Attorney(s) appearing for the Case

Larry M. Himelein, petitioner pro se. Offerman, Mahoney, Cassano, Pigott & Greco (Gerald James Whalen of counsel), for respondent.

PETER R. SPRAGUE, J.

ISSUE

Pursuant to section 3388 (4) of the Public Health Law, the petitioner has instituted this special proceeding for the judicial determination of whether the forfeiture of a 1973 Lincoln Continental automobile has been incurred by operation of section 3388 (2) of the Public Health Law.

The respondent has moved for dismissal of the petition on jurisdictional grounds...

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