Legal Opinion

Merritt v. Elmira Police Dept. Prop. Clerk

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

Decided June 4, 2026No. CV-23-1532Published

1Opinion of the Court

Merritt v Elmira Police Dept. Prop. Clerk

2026 NY Slip Op 03480

June 4, 2026

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

Elisha Merritt, Appellant,

v

Elmira Police Department Property Clerk, Respondent. (Action No. 1.)

Weeden A. Wetmore, as Chemung County District Attorney, Respondent,

v

Elisha E. Merritt, Also Known as Elijha E. Merritt and Elija Merritt, Appellant. (Action No. 2.)

Decided and Entered:June 4, 2026

CV-23-1532

Calendar…

2Cases cited6 opinions

  1. DeBellis v. Property ClerkNew York Court of Appeals · 1992
  2. People v. DeProsperoNew York Court of Appeals · 2013
  3. People v. MerrittAppellate Division of the Supreme Court of the State of New York · 2023
  4. Whitehead v. District Attorney of Columbia CountyAppellate Division of the Supreme Court of the State of New York · 2001
  5. Rachles v. LugoAppellate Division of the Supreme Court of the State of New York · 1993

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