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MORGAN v. PROP. CLERK

184 Misc.2d 406 (2000)

708 N.Y.S.2d 262

TERRY MORGAN, Petitioner, v. PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, Respondent.

Supreme Court, Richmond County.

April 19, 2000.

Attorney(s) appearing for the Case

Philip O'Hene, Staten Island, for petitioner.

Michael D. Hess, Corporation Counsel of New York City (George A. Grasso and Paul Wiedemann of counsel), for respondent.

OPINION OF THE COURT

PHILIP G. MINARDO, J.

The petitioner moves pursuant to CPLR article 78 for an order requiring the Property Clerk of the New York City Police Department to return $14,000 that was seized from him on September 16, 1998. In essence this is an in rem or replevin proceeding for the return of the said $14,000.

It is the petitioner's contention that he was lawfully standing in front of 21...

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