Opinion
2012-02-2
PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, Plaintiff–Appellant, v. Roy G. FORD, Defendant–Respondent.
Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant. The Bronx Defenders, Bronx (Anna Arkin–Gallagher of counsel), for respondent.
Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant. The Bronx Defenders, Bronx (Anna Arkin–Gallagher of counsel), for respondent.
Amended order and judgment (one paper), Supreme Court, New York County (Martin Shulman, J.), entered November 30, 2010, which granted defendant's motion dismissing this forfeiture action, with prejudice, and ordered the return of defendant's motor vehicle, unanimously affirmed, without costs.
Plaintiff failed to complete service of process within 15 days after the expiration of the 25–day statute of limitations set forth in 38 RCNY 12–36(a). Nor did it explain its late service or seek an extension of time for service. Accordingly, the court properly dismissed this action ( see CPLR 306–b).
As is clear, contrary to plaintiff's contention, the 25–day period prescribed in 38 RCNY 12–36(a) is a statute of limitations for the purposes of CPLR 306–b ( see Property Clerk, N.Y. City Police Dept. v. Smith, 62 A.D.3d 486, 878 N.Y.S.2d 726 [2009]; Property Clerk, N.Y. City Police Dept. v. Seroda, 131 A.D.2d 289, 521 N.Y.S.2d 233 [1987] ).
We have considered plaintiff's remaining contentions and find them unavailing.