DeBellis v. Property Clerk

OPINION OF THE COURT

Chief Judge Wachtler.

This appeal presents two issues regarding the petitioners’ request for the return of property owned by them and held by respondent property clerk: whether, under the expedited procedure for the return of such property set forth in the unpublished order in McClendon v Rosetti (US Dist Ct, SD NY, July 15, 1974, Lasker, J., 70 Civ 3851) petitioners’ demand was (1) timely, and (2) sufficient. Although petitioners did not comply with all procedural steps that a strict reading of the McClendon order would seem to require, for the reasons that follow we…