| Property Clerk, N.Y. City Police Dept. v Ford |
| 2012 NY Slip Op 00702 [92 AD3d 401] |
| February 2, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Property Clerk, New York City Police Department,
Appellant, v Roy G. Ford, Respondent. |
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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 AD3d 486 [2009]; Property Clerk, N.Y. City Police Dept. v Seroda, 131 AD2d 289 [1987]).
We have considered plaintiff's remaining contentions and find them unavailing. Concur—Gonzalez, P.J., Saxe, Moskowitz, Acosta and Freedman, JJ. [Prior Case History: 30 Misc 3d 301.]