Legal Opinion
Moss v. Spitzer
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2005PublishedCited by 13 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 in the nature of prohibition to bar the submission of any evidence obtained by certain search warrants executed by the respondent Attorney General’s Organized Crime Task Force to any grand jury convened to hear evidence and mandamus to compel the return of all seized property in connection with the execution of those search warrants.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
*600A CPLR article 78 proceeding will properly lie to require the return of property, other than contraband, seized pursuant to…
2Cases cited5 opinions
- B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
- Boyle v. KelleyNew York Court of Appeals · 1977
- Williams v. ShanleyAppellate Division of the Supreme Court of the State of New York · 1988
- Agresta v. RobertsAppellate Division of the Supreme Court of the State of New York · 1978
- Burse v. BristolAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by13 opinions
- Vaher v. Town of OrangetownDistrict Court, S.D. New York · 2015
- Churuti v. DevaneAppellate Division of the Supreme Court of the State of New York · 2006
- Blank v. AdlerAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Khoshneviss v. Property Clerk of N.Y. City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2014
- HCI Distribution, Inc. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
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