1. Home
  2. Browse Decisions
  3. F.2d
  4. 897 F.2d
  5. 897 F.2d 659 (1990)
 

U.S. v. PREMISES AND REAL PROP. AT 4492 S. LIVONIA RD., LIVONIA, N.Y.

No. 71, Docket 88-6040.

897 F.2d 659 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. The PREMISES AND REAL PROPERTY AT 4492 SOUTH LIVONIA ROAD, LIVONIA, NEW YORK, That is, All That Tract or Parcel of Land Situate in the Town of Livonia, Livingston County, State of New York, Lined and Being in Land Lot # 39 and Recorded in Liber 570 at Page 137 of the Livingston County Land Records, Defendant. Appeal of Peter SERAFINE, Owner of 4492 South Livonia Road, Livonia, New York, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Richard A. Rothman, New York City (Weil, Gotshal & Manges, Perry A. Carbone, Nancy S. Scherer, of counsel), for claimant-appellant.

Sara Criscitelli, Attorney, Dept. of Justice, Appellate Section, Criminal Div., Washington, D.C. (Dennis C. Vacco, Rochester, N.Y., U.S. Atty., for the Western District of N.Y., Christopher V. Taffe, Louis J. Gicale, Jr., Asst. U.S. Attys., of counsel), for plaintiff-appellee.

Before FEINBERG and NEWMAN, Circuit Judges, and DUMBAULD, District Judge.

OPINION ON PETITION FOR REHEARING

PER CURIAM:

In deciding this appeal, we held that the seizure of Serafine's property, under the facts and circumstances of this case, was unconstitutional because the seizure was not preceded by notice and hearing. 889 F.2d 1258, 1262-66. We also held that the forfeiture of the property was not tainted by the unlawfulness of the seizure, and we affirmed the judgment of forfeiture. Id. at...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases