Appellate Division, First Department · September 17, 2026 · 2026 NY Slip Op 05363
Penal Law § 450.10 does not let a criminal court try title to Nazi-looted art
Matter of Application for a Search Warrant to Search the Premises Located at the Art Inst. of Chicago
Read the official decision: 2026 NY Slip Op 05363
Holding The Appellate Division granted the CPLR article 78 petition and vacated the lower court’s turnover orders, holding that Penal Law § 450.10 does not authorize a criminal court to adjudicate disputed property rights in the absence of a pending criminal prosecution. The court determined that because the issue of title was sharply contested, the dispute required resolution in a civil forum with full procedural protections, including the right to a jury trial if demanded.
Why it matters
The decision clarifies the jurisdictional limits of Penal Law § 450.10, preventing criminal courts from resolving complex civil title disputes.
It addresses the intersection of due process rights and the recovery of Nazi-looted art in New York.
The ruling impacts the procedural landscape for art restitution cases involving state and federal courts.
The court’s words
Penal Law § 450.10 does not provide for adjudication of disputed property rights.
2026 NY Slip Op 05363, at the official text
proceedings in a civil forum and a jury trial, if demanded, were warranted before AIC could be divested of its property
2026 NY Slip Op 05363, at the official text
the issue of title to Russian War Prisoner would be properly determined in the earlier-filed civil lawsuit
2026 NY Slip Op 05363, at the official text
No provision of the CPL expressly authorizes an appeal from a decision determining the validity of a search warrant
2026 NY Slip Op 05363, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 17, 2026 |
| Citation | 2026 NY Slip Op 05363 |
| Area of law | Criminal Procedure · Real Property |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05363 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 128 |
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Recommended citation
ESQ HQ, New York Law Watch, Matter of Application for a Search Warrant to Search the Premises Located at the Art Inst. of Chicago, 2026 NY Slip Op 05363 (Appellate Division, First Department, September 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05363/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.