Property Clerk, N.Y. City Police Dept. v Ford

Property Clerk, N.Y. City Police Dept. v Ford 2012 NY Slip Op 00702 Decided on February 2, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 2, 2012
Gonzalez, P.J., Saxe, Moskowitz, Acosta, Freedman, JJ.
6695 402262/09

[*1]Property Clerk, New York City Police Department, Plaintiff-Appellant,

v

Roy G. Ford, Defendant-Respondent.




Michael A. Cardozo, Corporation Counsel, New York (Ronald
E. Sternberg of counsel), for appellant.
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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 2, 2012

CLERK