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MATTER OF GANCI v. TUTHILL

216 A.D.2d 391 (1995)

628 N.Y.S.2d 511

In the Matter of William Ganci, Appellant, v. Jean Tuthill et al., Respondents

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

June 12, 1995

Ordered that the order is affirmed, with costs.

The gravamen of this action is the alleged wrongful retention of money after the disposition of a criminal action in the course of which money was seized. As such, a timely notice of claim was required to be filed (see, Boyle v Kelley, 42 N.Y.2d 88; Matter of Oakley v Police Prop. Clerk of Nassau County, 75 A.D.2d 816; Matter...

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