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Matter of Doe

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1923
206 App. Div. 647 (N.Y. App. Div. 1923)

Opinion

March, 1923.


Order reversed upon the ground that the amendment was improperly allowed: First, because it did not give appellants the notice required by statute and because it extended the period of temporary seizure beyond the statutory period of twenty days. ( People v. Diamond, 233 N.Y. 130; People v. De Vasto, 198 App. Div. 620, 623; Matter of Liquors at 26 W. Third St., Mt. Vernon, 189 id. 109.) Second, because the show cause order which constituted the notice of the motion in which the order appealed from was made was void as failing to state the time when, the place where, and the court before which the hearing was to be held. The property taken under the void warrant to be returned. All concur.


Summaries of

Matter of Doe

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1923
206 App. Div. 647 (N.Y. App. Div. 1923)
Case details for

Matter of Doe

Case Details

Full title:In the Matter of a Search Warrant for Liquors Kept by JOHN DOE, on…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1923

Citations

206 App. Div. 647 (N.Y. App. Div. 1923)