Legal Opinion
James v. Cattaraugus County
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012PublishedCited by 2 opinions
1Opinion of the Court
Memorandum: In this proceeding pursuant to CPLR article 78, petitioner appeals from a judgment that dismissed his petition to compel respondent to return money and property seized in the course of a prior criminal investigation. Petitioner was *1675convicted of attempted criminal possession of a controlled substance in the fourth degree in 1994, and the judgment of conviction was reversed by this Court in 1995 (People v James, 217 AD2d 969 [1995]). We note at the outset that, although a CPLR article 78 proceeding is an “appropriate vehicle for petitioner to seek the return of his property” (Matter…
2Cases cited11 opinions
- Boyle v. KelleyNew York Court of Appeals · 1977
- Sheerin v. New York Fire Department Articles 1 & 1B Pension FundsNew York Court of Appeals · 1979
- Smith v. ScottAppellate Division of the Supreme Court of the State of New York · 2002
- Schwartz v. MorgenthauNew York Court of Appeals · 2006
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2022
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2019