Legal Opinion
McClendon v. Rosetti
District Court, S.D. New York
Decided January 31, 1974No. 70 Civ. 3851PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
On April 16, 1972, the Court of Appeals in McClendon v. Rosetti, 460 F.2d 111 (2d Cir. 1972) reversed the late Judge McLean’s dismissal of this suit, and ruled that the New York City ordinance which it attacks was unconstitutional as applied here. Plaintiffs are persons whose property had been held by the Police Property Clerk of New York City subject to the provisions of the City’s Administrative Code § 435-4.0 (Supp.1971). The facts are not in dispute. Five of the plaintiffs and intervenors had property taken from them at the time of an arrest; the property…
2Cases cited5 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Harold McClendon v. Thomas E. Rosetti, Individually and as Police Property Clerk of the City of New YorkCourt of Appeals for the Second Circuit · 1972
- Carr v. HoyNew York Court of Appeals · 1957
3Cited by34 opinions
- Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
- Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
- Moreno v. City of New YorkNew York Court of Appeals · 1987
- DeBellis v. Property ClerkNew York Court of Appeals · 1992
- Property Clerk, New York City Police Department v. SmallNew York Supreme Court · 1992
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