Caggiano v. Frank
New York Supreme Court
1Opinion of the CourtBertram Harnett, J.
This is a motion, deemed by the court an application to renew a prior application by John M. Caggiano, pursuant to OPLR article 78, to annul the determination of the Nassau County Police Department refusing to return $660 seized during his arrest on July 6,1971. By written decision dated June 12,1972, a Justice of this court found this proceeding was not timely commenced and by order dated August 7,1972 dismissed the petition. Because that Justice no longer sits on this court, he is “ unable to hear ’ ’ this motion, and this court will therefore proceed to hear the motion. (CPLR 2221.)
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2Cases cited6 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Goldberg v. KellySupreme Court of the United States · 1970
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harold McClendon v. Thomas E. Rosetti, Individually and as Police Property Clerk of the City of New YorkCourt of Appeals for the Second Circuit · 1972
- Marshall v. KennedyNew York Supreme Court · 1959
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3Cited by12 opinions
- Boyle v. KelleyNew York Court of Appeals · 1977
- Shechter v. Comptroller of City of New YorkCourt of Appeals for the Second Circuit · 1996
- Shechter v. Comptroller of New YorkCourt of Appeals for the Second Circuit · 1996
- Moreno v. City of New YorkNew York Court of Appeals · 1987
- Caggiano v. FrankAppellate Division of the Supreme Court of the State of New York · 1974
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