Legal Opinion
Property Clerk of Police Department v. Harris
New York Court of Appeals
Decided November 19, 2007PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this appeal we are asked to determine whether the Property Clerk of the Police Department of the City of New York, in order to establish the right to impound a vehicle during the pendency of a civil forfeiture proceeding, is required to prove, at a postseizure retention hearing, that the co-owner of a seized vehicle is not an “innocent owner.” We conclude that the City does not bear that burden, but building upon the holdings of County of Nassau v Canavan (1 NY3d 134 [2003]) and Krimstock v Kelly (306 F3d 40 [2d Cir 2002]) we also conclude that due process…
2Cases cited9 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
- Bennis v. MichiganSupreme Court of the United States · 1996
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. GillottiNew York Court of Appeals · 2014
- Ferrari v. County of SuffolkCourt of Appeals for the Second Circuit · 2016
- State v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Com. v. $301,360.00 U.S. Currency and One 2011 Lexus RX350, VIN 2T2BK1BA48C081250 Appeal of: C. VasquezCommonwealth Court of Pennsylvania · 2018
- Erie County Society for the Prevention of Cruelty to Animals v. HoskinsAppellate Division of the Supreme Court of the State of New York · 2012
11 more not listed; retrieve them via the Exa API.