1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 9 N.Y.3d
  5. 9 N.Y.3d 237 (2007)
 

PROPERTY CLERK v. HARRIS

9 N.Y.3d 237 (2007)

878 N.E.2d 1004

848 N.Y.S.2d 588

PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK et al., Respondents, v. MERV HARRIS et al., Respondents, and DELORES NEWTON HARRIS, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven B. Wasserman and Summer C. Smith of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner, Leonard Koerner and Gabriel Taussig of counsel), for respondents.

Chief Judge KAYE and Judges GRAFFEO, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in result in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

CIPARICK, J.

In this appeal we are asked to determine whether the Property Clerk of the Police Department of the City of New York, in order to establish the right to impound a vehicle during the pendency of a civil forfeiture proceeding, is required to prove, at a postseizure retention hearing, that the co-owner of a seized vehicle is not an "innocent owner." We conclude that the City does not bear that burden, but building upon the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases