Torres v. New York City Police Department

OPINION OF THE COURT

Charles A. Kuffner, Jr., J.

Petitioner brings this CPLR article 78 proceeding for a peremptory order of mandamus to compel the respondent to perform a duty, which petitioner claims, the law requires be performed.

*138Respondent cross-moves for dismissal of the petition for petitioner’s failure to comply with a necessary condition precedent, i.e., the filing of a notice of claim pursuant to General Municipal Law § 50-e.

Petitioner was arrested on April 11, 1989. United States currency in the amount of $2,721 was recovered from his person and was delivered to the respondent’s…