HCI DISTRIB INC. v. NYS. POLICE

138276.

36 Misc.3d 743 (2012)

948 N.Y.S.2d 542

2012 NY Slip Op 22168

HCI DISTRIBUTION, INC., Petitioner, v. NEW YORK STATE POLICE, TROOP B COMMANDER, RAY BROOK, NEW YORK, et al., Respondents.

Supreme Court, St. Lawrence County.

June 18, 2012.


Attorney(s) appearing for the Case

Fredericks Peebles & Morgan, LLP ( Brandt Benjamin Fenner and Joseph Messineo of counsel), for petitioner.

Eric T. Schneiderman , Attorney General ( Aaron M. Baldwin and Kelly L. Munkwitz of counsel), for New York State Police, Troop B Commander, Ray Brook, New York and another, respondents.

Michael C. Crowe , County Attorney, St. Lawrence, for Nicole Duvé and another, respondents.

Rupp, Baase, Pfalsgraf, Cunningham & Coppola, LLC ( Michael T. Feeley of counsel), for Ohserase Manufacturing, LLC, and another, amici curiae.


OPINION OF THE COURT

DAVID DEMAREST, J.

This is a special proceeding, pursuant to Civil Practice Law and Rules article 78, seeking an order enjoining the respondents from selling or disposing of certain tobacco products seized from petitioner and directing the immediate release of the seized property.

Parties

Petitioner, HCI Distribution, Inc. (HCI) describes itself as "an economic and political subdivision of the Winnebago Tribe of Nebraska...

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