Ruiz v. City of New York

Petitioner brought this CPLR article 78 proceeding seeking the return of $2,400 in American Express traveler’s checks seized by the police when they arrested two suspects for gambling violations, and confiscated cash, gambling records, and gambling paraphernalia at the petitioner’s residence. The traveler’s checks, each signed once by the petitioner, were found commingled with the other items. Petitioner was not present during the arrest and seizure, and in this proceeding alleges that the traveler’s checks were not used in the gambling operation. Petitioner asserts that he kept such a large…