I'm in upstate ny my tenant moved out and left all sorts off thing what can I do with this stuff I have asked him to get it out and he said he will call at 5:00 this was on 2/3/08 and he never called need help
I don't know his new address mail still comes here
He was evicted on 1/13/08 for parting and trashing the unit
This is what happened I evicted him on 1/13/08 he owes me rent for jan. of 300 dollars he called me on 2/1/08 and said he moved out
I then went to the state troopers to see if I can change the locks and he said yes so all I did was the locks and on 2/3/08 I told him he has to get his stuff out and that the locks are changed to call me and ill be right down to let him in he said hell call at 5:00 and he never did I call every day to get the stuff out no answer and no call back the apartment smell like piss and stale beer the sink has mold all over it

Pack it up and put it somewhere if you need to to show the place or have a new tenant moving in. Tell him he has until 3/3/08 (or it may be 30 days from the date you notify him) to get it or it will be on the curb.
You should send a certified letter and keep a copy so it isn't his word (you never told him) against your word.
I don't think you have to go through a magistrate. I am sure someone will clear that up.
You probably should do an inventory of everything to (but that could still be your word/his word).

Well actually it can be a problem, if he left enough property there, that it could appear he was still or could be still living there, you have to go though an eviction procedure, but the catch there is, if you say he has moved out, they can't evict,
I ran into this in TN and at least there, the law was not clear ( actually no real law to cover it) so anything I did could make me liable.

If you move any of his property, and anything would be broken or he claims it is broken, you could be held liable.
If you throw it, out, he may claim an illegal eviction
You can notify him that he is liable for all rent on the property till he cleans out his property.

Yeah usually by the time it is all said and done what the tenant claims you owe him for doing something with his stuff is insignificant to what they might owe you. It is best to check what your liabilities would be with a magistrate and do a formal eviction procedure.

Here is a landlord association site
Welcome to LANDLORD ASSOCIATION.ORG - News, Information, Advice, Management Tools for Landlords, Real Estate Investors, Property Owners and Apartment Managers.

This is the North Carolina law which sounds pretty typical

d) If any tenant abandons personal property of five hundred dollar ($500.00) value or less in the demised premises, or fails to remove such property at the time of execution of a writ of possession in an action for summary ejectment, the landlord may, as an alternative to the procedures provided in G.S. 42‑25.9(g), 42‑25.9(h), or 42‑36.2, deliver the property into the custody of a nonprofit organization regularly providing free or at a nominal price clothing and household furnishings to people in need, upon that organization agreeing to identify and separately store the property for 30 days and to release the property to the tenant at no charge within the 30‑day period. A landlord electing to use this procedure shall immediately post at the demised premises a notice containing the name and address of the property recipient, post the same notice for 30 days or more at the place where rent is received, and send the same notice by first‑class mail to the tenant at the tenant's last known address. Provided, however, that the notice shall not include a description of the property.

(e) For purposes of subsection (d), personal property shall be deemed abandoned if the landlord finds evidence that clearly shows the premises has been voluntarily vacated after the paid rental period has expired and the landlord has no notice of a disability that caused the vacancy. A presumption of abandonment shall arise 10 or more days after the landlord has posted conspicuously a notice of suspected abandonment both inside and outside the premises and has received no response from the tenant.