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IN THE MATTER OF MOSS v. SPITZER

19 A.D.3d 599 (2005)

798 N.Y.S.2d 482

In the Matter of GERALDINE Moss et al., Petitioners, v. ELIOT SPITZER et al., Respondents.

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

June 20, 2005.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

A CPLR article 78 proceeding will properly lie to require the return of property, other than contraband, seized pursuant to a search warrant and held for an unreasonable length of time without the commencement of a criminal action (see Boyle v Kelley, 42 N.Y.2d 88, 91 [1977]). Moreover...

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