Matter of Property Clerk of Police Dept. of City of N.Y. v Plaskett (2007 NY Slip Op 03774)

Matter of Property Clerk of Police Dept. of City of N.Y. v Plaskett

2007 NY Slip Op 03774 [40 AD3d 231]

May 1, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 11, 2007

In the Matter of Property Clerk of the Police Department of the City of New York et al., Petitioners,
v
Beverly Plaskett et al., Respondents.

—[*1] Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for petitioner.

The Legal Aid Society, New York (Steven B. Wasserman of counsel), for respondents. Determination of respondent Office of Administrative Trials and Hearings, dated September 8, 2005, which directed petitioner Police Department to return to respondent Beverly Plaskett a vehicle seized incident to the arrest of respondent Gregory Plaskett, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Martin Shulman, J.], entered December 8, 2005) dismissed, without costs.

The finding of the Office of Administrative Trials and Hearings that Beverly Plaskett was an innocent owner is supported by substantial evidence (see Property Clerk, N.Y. City Police Dept. v Pagano, 170 AD2d 30, 36 [1991]). Concur—Marlow, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.