James v. Cattaraugus County
Opinion of the Court
Memorandum: In this proceeding pursuant to CPLR article 78, petitioner appeals from a judgment that dismissed his petition to compel respondent to return money and property seized in the course of a prior criminal investigation. Petitioner was
We further conclude in any event that petitioner’s claims are barred by the doctrine of laches. A petitioner “may not delay in making a demand [for the return of money or property] in order to indefinitely postpone the time within which to institute the proceeding. The petitioner must make his or her demand within a reasonable time after the right to make it occurs” (Matter of Barresi v County of Suffolk, 72 AD3d 1076, 1076 [2010], lv denied 15 NY3d 705 [2010]; see Matter of Sheerin v New York Fire Dept. Arts. 1 & IB Pension Funds, 46 NY2d 488, 495-497 [1979]. rearg denied 46 NY2d 1076 [1979]). Inasmuch as petitioner “proffered absolutely no excuse for his [more than 14-year] delay in making the demand” for the return of his money and property, the proceeding is barred by the doctrine of laches (Matter of Schwartz v Morgenthau, 23 AD3d 231, 233 [2005], affd 7 NY3d 427 [2006]; see Matter of Thomas v City of Buffalo Inspections Dept., 275 AD2d 1004, 1004 [2000]; Matter of Densmore v Altmar-Parish-Williamstown Cent. School Dist., 265 AD2d 838, 839 [1999], lv denied 94 NY2d 758 [2000]). We have considered petitioner’s remaining contentions and conclude that they are without merit. Present — Scudder, P.J., Fahey, Carni, Lindley and Sconiers, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.