MATTER OF GANCI v. TUTHILL

Ordered that the judgment is affirmed, with costs.

The gravamen of the instant proceeding 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 proceeding was properly dismissed (see, 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.