Neumark v. New York City Police Property Clerk

— In a proceeding pursuant to CPLR article 78 to compel the return of United States currency taken from the *211petitioners in the course of an arrest and prosecution, the New York City Police Property Clerk appeals from an order of the Supreme Court, Queens County (Bambrick, J.), dated April 2, 1985, which denied his cross motion to dismiss the petition insofar as it is asserted against him, ordered that the issue of whether the property allegedly wrongfully retained by the Clerk was the proceeds of a crime or was derived through crime be determined after a trial on the merits, and directed the…