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MAIO v. KRALIK

No. 2008-02532

70 A.D.3d 1 (2009)

888 N.Y.S.2d 582

2009 NY Slip Op 8187

Louis MAIO, Appellant, v. JAMES F. KRALIK, as Sheriff of County of Rockland, et al., Respondents.

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

Decided November 10, 2009.

Attorney(s) appearing for the Case

Feerick Lynch MacCartney, PLLC, South Nyack (Brian D. Nugent of counsel), for appellant.

Patricia Zugibe, County Attorney, New City (Daniel J. Block of counsel), for respondents.

DILLON, J.P., COVELLO and MILLER, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Pursuant to a temporary order of protection, the plaintiff surrendered three handguns, three rifles, a shotgun, and shooting accessories that he owned to the Rockland County Sheriff's Department (hereinafter the Sheriff's Department). When he subsequently returned to the Sheriff's Department to reclaim his property, he learned that it had been destroyed, purportedly in accordance with the applicable statutory scheme. The...

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