Challenge to State's Retention of Seized Computers Dismissed
The state's seizure and two-year retention of computers during a criminal case did not amount to unlawful taking, a Fourth Department panel ruled, reversing a Court of Claims judge.
January 08, 2015 at 07:18 AM
6 minute read
The state's seizure and two-year retention of computers during a criminal case did not amount to unlawful taking, a state appellate panel ruled in dismissing the case.
The Appellate Division, Fourth Department, noting in LM Business Associates v. State of New York, 1017 CA 13-02050, that the search warrant put no deadline on the custody of recovered items, ruled that state authorities' “exercise of control over the computers did not constitute conversion inasmuch as it had the proper authority to exercise such control.”
The Jan. 2 ruling reversed Court of Claims Judge Nicholas Midey Jr. (See Profile), who found the state solely liable for the conversion and negligent misrepresentation claims asserted by a number of upstate businesses.
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