Legal Opinion

Melmarkets, Inc. v. Dillon

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

Decided August 11, 1980PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to compel the District Attorney of Nassau County to return to petitioner certain manufacturers’ discount coupons which had been taken from its *898possession pursuant to a search warrant, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 20, 1979, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. While a CPLR article 78 proceeding is an appropriate vehicle to compel the return of property seized by the police (see Boyle v Kelley, 42 NY2d 88; see, also, Matter of Oakley v Police Prop.…

2Cases cited2 opinions

  1. Boyle v. KelleyNew York Court of Appeals · 1977
  2. Oakley v. Police Property ClerkAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by3 opinions

  1. Melmarkets, Inc. v. DillonAppellate Division of the Supreme Court of the State of New York · 1981
  2. Neumark v. New York City Police Property ClerkAppellate Division of the Supreme Court of the State of New York · 1986
  3. Rosado v. McGuireNew York Supreme Court · 1982

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