FORD MOTOR CREDIT CO. v. NYC POLICE DEPT.

Docket Nos. 06-4600-cv(L); 06-4861-cv(XAP).

503 F.3d 186 (2007)

FORD MOTOR CREDIT CO., Plaintiff-Appellee-Cross-Appellant, v. NYC POLICE DEPARTMENT, Property Clerk, City of New York, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2007.


Attorney(s) appearing for the Case

Janet L. Zaleon, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, Kristen M. Helmers, Sheryl R. Neufeld, of counsel, on the brief), New York, NY, for Defendants-Appellants-Cross-Appellees.

David L. Tillem and Kathleen Daly, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY, for Plaintiff-Appellee-Cross-Appellant.

Before: WALKER and HALL, Circuit Judges, and COTE, District Judge.


JOHN M. WALKER, JR., Circuit Judge:

The state has long had the power to forfeit property used for criminal purposes, but the power's pedigree does not excuse the City of New York's continued use of antiquated rules to govern its exercise. Where the federal government once sought to seize tax-delinquent distilleries without a hearing because its need for funds was urgent, Springer v. United States, 102...

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