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What is NYC AC § 28-419.7.1?

Quick Answer

This section outlines the procedure for commencing a forfeiture action, requiring the filing of a summons with notice or a summons and complaint. It specifies that service must be performed on the vehicle operator, tool owner, and all registered owners of the vehicle. Applies to vehicle owners involved in forfeiture actions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-419.7.1 Commencement of forfeiture.

AC § 28-419.7.1

A forfeiture action pursuant to this article shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on the vehicle operator, the owner of the tools, if different from the vehicle operator, and owner of the vehicle, and on all owners of the subject vehicle listed in the records maintained by the department of motor vehicles, or for vehicles not registered in the state of New York, in the records maintained by the state of registration. Except as otherwise provided in this article, a vehicle and/or tools that are the subject of such action shall remain in the custody of the department or other appropriate agency pending the final determination of the forfeiture action. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

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