Ruiz v. City of New York

Order, Supreme Court, New York County (S. Schwartz, J.), entered February 16, 1983 dismissing a CPLR article 78 petition, is reversed, on the law and the facts, and in the exercise of discretion, without costs, and the matter is remanded for a hearing on the issues of fact and further proceedings in accordance therewith. Petitioner brings this proceeding against the New York City Police Commissioner and Property Clerk to recover $2,400 face amount of American Express traveler’s checks in his name which were seized by the police in the course of the execution of a search warrant in connection…