Legal Opinion

Grinberg v. Safir

New York Supreme Court

Decided May 18, 1999PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

This CPLR article 78 proceeding challenges the constitutionality of the City’s new driving while intoxicated (DWI) vehicle forfeiture policy.

FACTS

On February 20, 1999, Police Commissioner Safir announced that the City would apply the Property Clerk Forfeiture Law (Administrative Code of City of NY § 14-140) to vehicles operated by individuals arrested for driving while intoxicated (Vehicle and Traffic Law § 1192 [2] et seq.). At 10:30 p.m. on February 21, 1999, police stopped and arrested petitioner for DWI. (Vehicle and Traffic Law § 1192 [2], [3].)…

2Cases cited57 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Horton v. CaliforniaSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  2. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  3. People v. One 1998 GMCIllinois Supreme Court · 2011
  4. Micalizzi v. CiamarraDistrict Court, S.D. New York · 2002
  5. People v. ONE 1998 GMCIllinois Supreme Court · 2011

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