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PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT v. SMITH

62 A.D.3d 486 (2009)

878 N.Y.S.2d 726

PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, Respondent, v. DIONTE SMITH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

May 12, 2009.

Defendant's communications with plaintiff's personnel gave plaintiff notice, by no later than the date the Krimstock hearing was convened, that defendant was seeking the return of his vehicle; thus, this action, commenced more than 25 days later, was untimely (38 RCNY 12-36 [a]; see Matter of DeBellis v Property Clerk of City of N.Y., 79 N.Y.2d 49, 58 [1992]). To the extent the Property Clerk may require a district attorney...

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