City of New York v. Land & Building Known as 283 Ralph Avenue

OPINION OF THE COURT

Jack M. Battaglia, J.

Based upon two isolated sales of a single pack of “untaxed” cigarettes and the confiscation, pursuant to a search warrant, of an additional 12 packs, all of which took place more than four months ago, the City of New York applies to this court to authorize its Police Department to immediately, and without notice, use force to close for all purposes the “commercial establishment” at which the cigarettes were sold and found. Because the court finds the application to be substantially devoid of merit, the court denies the application.

With a proposed order…