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Matter of Ganci v. Tuthill

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 391 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed, with costs.

The gravamen of this action is the alleged wrongful retention of money after the disposition of a criminal action in the course of which money was seized. As such, a timely notice of claim was required to be filed (see, Boyle v. Kelley, 42 N.Y.2d 88; Matter of Oakley v. Police Prop. Clerk of Nassau County, 75 A.D.2d 816; Matter of Abramowitz v. Guido, 61 A.D.2d 1045; County Law § 52; General Municipal Law § 50-e). Since no such notice of claim was filed, the action was properly dismissed (see, Matter of Ganci v Tuthill, 216 A.D.2d 390 [decided herewith]; Boyle v. Kelley, supra; Matter of Oakley v. Police Prop. Clerk of Nassau County, supra; Matter of Abramowitz v. Guido, supra). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

Matter of Ganci v. Tuthill

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 391 (N.Y. App. Div. 1995)
Case details for

Matter of Ganci v. Tuthill

Case Details

Full title:In the Matter of WILLIAM GANCI, Appellant, v. JEAN TUTHILL et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 1995

Citations

216 A.D.2d 391 (N.Y. App. Div. 1995)
216 A.D.2d 390
628 N.Y.S.2d 511

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