Legal Opinion

Agresta v. Roberts

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 1978PublishedCited by 5 opinions

1Opinion of the Court

Proceedings pursuant to article 78 of the CPLR (brought on in this court [CPLR 506, subd (b), par 1]) seeking to enjoin respondents from acting in excess of their lawful jurisdiction, vacating a search warrant and directing the return of property seized pursuant to the warrant. The petitioners allege that the respondent Temporary Commission of Investigation of the State of New York (commission) has no authority to seek search warrants and, therefore, the Honorable Justice *930Roberts exceeded his authority in issuing search warrants pursuant to which certain specific property was seized. Relying…

2Cases cited4 opinions

  1. B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
  2. Board of Supervisors v. AulisiAppellate Division of the Supreme Court of the State of New York · 1978
  3. Board of Supervisors v. AulisiNew York Court of Appeals · 1978
  4. Monserrate v. Upper Court Street Book Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by5 opinions

  1. Moss v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. Adams, New York County Courts2003
  3. HCI Distribution, Inc. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
  4. HCI Distribution, Inc. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Rodriguez v. HobbsAppellate Division of the Supreme Court of the State of New York · 2023

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