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GREENE v. KINGSTON POLICE

22 Misc.3d 686 (2008)

868 N.Y.S.2d 519

In the Matter of KEVIN GREENE, Petitioner, v. KINGSTON POLICE DEPARTMENT, Respondent.

Supreme Court of the State of New York, Ulster County.

December 8, 2008.

Attorney(s) appearing for the Case

Kevin Greene, petitioner pro se. Holley Carnright, District Attorney, Kingston (Kevin C. Harp of counsel), and Daniel G. Heppner, Corporation Counsel, Kingston (Michael T. Cook of counsel), for respondent.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Petitioner brings this application pursuant to CPLR article 78 "seeking a mandamus to compel the respondent to return confiscated money in the amount of $5,233.00." Respondent Kingston Police Department argues that petitioner lacks standing to maintain this proceeding, as he is not the owner of the confiscated funds.

On or about October 24, 2006, petitioner was...

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