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IN THE MATTER OF CAMACHO v. KELLY

57 A.D.3d 297 (2008)

870 N.Y.S.2d 243

In the Matter of EDWIN CAMACHO, Respondent, v. RAY KELLY, as Commissioner of the New York Police Department, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.

Petitioner in this CPLR article 78 proceeding seeks the return of property taken from him upon his arrest. The property, some of which was returned to his designated representative, was vouchered under numbers M792726, M792727 and M792728. Even though petitioner failed to follow precisely the Police Department's procedural rules on return of items from the property clerk (38 RCNY 12-35), respondents had sufficient notice that he was seeking the return of all his property...

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