Legal Opinion

Stuhler v. State

New York Supreme Court

Decided February 21, 1985PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Herman Cahn, J.

Petitioners, by this turnover proceeding, challenge the forfeiture of moneys seized by the Attorney-General. The moneys were seized from a firm convicted of scheme to defraud, in connection with the fraudulent sales of a commodity. The moneys were seized from the firm’s bank account, and represent the proceeds of the firm’s activities over a four-month period.

In this turnover proceeding brought pursuant to CPLR 5225 (b) petitioners seek a judgment directing respondent to pay over certain sums of money to them on the ground that respondent possesses such sums…

2Cases cited11 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Hofferman v. SimmonsNew York Court of Appeals · 1943
  3. Carr v. HoyNew York Court of Appeals · 1957
  4. McClendon v. RosettiDistrict Court, S.D. New York · 1974
  5. Boyle v. KelleyAppellate Division of the Supreme Court of the State of New York · 1976

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3Cited by4 opinions

  1. United States v. BenitezCourt of Appeals for the Second Circuit · 1985
  2. United States v. $490,920 in United States CurrencyDistrict Court, S.D. New York · 1996
  3. Hanrahan v. Albany County Probation DepartmentAppellate Division of the Supreme Court of the State of New York · 1986
  4. United States v. BenitezCourt of Appeals for the Second Circuit · 1985

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