Opinion
June 12, 1995
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
The gravamen of this action is the alleged wrongful retention of money after the disposition of a criminal action in the course of which money was seized. As such, a timely notice of claim was required to be filed (see, Boyle v. Kelley, 42 N.Y.2d 88; Matter of Oakley v. Police Prop. Clerk of Nassau County, 75 A.D.2d 816; Matter of Abramowitz v. Guido, 61 A.D.2d 1045; County Law § 52; General Municipal Law § 50-e). Since no such notice of claim was filed, the action was properly dismissed (see, Matter of Ganci v Tuthill, 216 A.D.2d 390 [decided herewith]; Boyle v. Kelley, supra; Matter of Oakley v. Police Prop. Clerk of Nassau County, supra; Matter of Abramowitz v. Guido, supra). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.