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Judge Brieant

NEW WINDSOR Volunteer Ambulance Corps. Inc. sued New Windsor’s Town Supervisor and Town, asserting that they seized its property without due process of law. Pursuant to an agreement, plaintiff agreed to provide ambulance service to the Town, which compensated plaintiff for services rendered. The Town Supervisor later refused to make payments and physically locked plaintiff out of the Town-owned building, thereby impounding and withholding its vehicles and other property located inside. The court found that by funding the operations in response to a budget request, the Town could not pierce plaintiff’s corporate veil or unilaterally turn plaintiff into a department of the Town. The court held that plaintiff has a protected property interest in all of its vehicles, as well as in its expendable medical equipment located within the Town garage building. The court concluded that plaintiff’s due process rights were violated since there was no notice given of the taking and no pre-deprivation hearing.

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