Ganci v. Tuthill

In an action pursuant to CPLR article 71, inter alia, to recover damages for the alleged wrongful retention of money seized by the police, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 21, 1993, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The gravamen of this action is the alleged wrongful retention of money after the disposition of a criminal action in the course of which money was seized. As such, a timely notice of claim was required to be filed (see, Boyle v Kelley, 42 NY2d…