Gay Cottons, Inc. v. Hogan

Francis T. Murphy, Jr., J.

Corporate-petitioner day Cottons, Inc., brings this application pursuant to article 78 of the CPLR to compel respondent, the District Attorney of New York *127County, to return certain of its property. The books and records which are the subject matter of the instant proceeding had been previously delivered to respondent by petitioner in compliance with a subpoena duces tecum issued in a “ John Doe ” proceeding. Respondent cross-moves to dismiss the petition.

Respondent argues that the instant proceeding brought under article 78 of the C'PLR is procedurally improper and…