N.Y. CPLR § 1349

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1349 Disposal of property. 1 § 1349. Disposal of property. 1. Any judgment or order of forfeitureissued pursuant to this article shall include provisions for thedisposal of the property found to have been forfeited.2. If any other provision of law expressly governs the manner ofdisposition of property subject to the judgment or order of forfeiture,that provision of law shall be controlling, with the exception that,notwithstanding the provisions of any other law, all forfeited moniesand proceeds from forfeited property shall be deposited into anddisbursed from an asset forfeiture escrow fund established pursuant tosection six-v of the general municipal law, which shall govern themaintenance of such monies and proceeds from forfeited property. Uponapplication by a claiming agent for reimbursement of moneys directlyexpended by a claiming agent in the underlying criminal investigationfor the purchase of contraband which were converted into a non-monetaryform or which have not been otherwise recovered, the court shall directsuch reimbursement from money forfeited pursuant to this article. Uponapplication of the claiming agent, the court may direct that anyvehicles, vessels or aircraft forfeited pursuant to this article beretained by the claiming agent for law enforcement purposes, unless thecourt determines that such property is subject to a perfected lien, inwhich case the court may not direct that the property be retained unlessall such liens on the property to be retained have been satisfied orpursuant to the court's order will be satisfied. In the absence of anapplication by the claiming agent, the claiming authority may apply tothe court to retain such property for law enforcement purposes. Uponsuch application, the court may direct that such property be ret tion by the claiming agent, the claiming authority may apply tothe court to retain such property for law enforcement purposes. Uponsuch application, the court may direct that such property be retained bythe claiming authority for law enforcement purposes, unless the courtdetermines that such property is subject to a perfected lien. If not soretained, the judgment or order shall direct the claiming authority tosell the property in accordance with article fifty-one of this chapter,and that the proceeds of such sale and any other moneys realized as aconsequence of any forfeiture pursuant to this article shall bedeposited to an asset forfeiture escrow fund established pursuant tosection six-v of the general municipal law and shall be apportioned andpaid in the following descending order of priority:(a) Amounts ordered to be paid by the court in satisfaction of anylien or claim against property forfeited. A fine imposed pursuant to thepenal law shall not be deemed to constitute a lien or claim for purposesof this section;(b) Amounts ordered to be paid by the defendant in any other action orproceeding as restitution, reparations or damages to a victim of thecrime, which crime constitutes the basis upon which forfeiture waseffected under this article, to the extent such amounts remain unpaid;(c) Amounts ordered to be paid by the defendant in any other action orproceeding as restitution, reparations or damages to a victim of anycrime committed by the defendant even though such crime did notconstitute the basis for forfeiture under this article, to the extentthat such amounts remain unpaid;(d) Amounts actually expended by a claiming authority or claimingagent, which amounts are substantiated by vouchers or other evidence,for the: (i) maintenance and operation of real property attachedpursuant to this article. Expenditures authorized by this subparagraphare limited to mortgage, tax and o r other evidence,for the: (i) maintenance and operation of real property attachedpursuant to this article. Expenditures authorized by this subparagraphare limited to mortgage, tax and other financial obligations imposed bylaw and those other payments necessary to provide essential services andrepairs to real property whose occupants are innocent of the criminalconduct which led to the attachment or forfeiture; and(ii) proper storage, cleanup and disposal of hazardous substances orother materials, the disposal of which is governed by the environmentalconservation law, when such storage, cleanup or disposal is required bycircumstances attendant to either the commission of the crime or theforfeiture action, or any order entered pursuant thereto;(e) In addition to amounts, if any, distributed pursuant to paragraph(d) of this subdivision, fifteen percent of all moneys realized throughforfeiture to the claiming authority in satisfaction of actual costs andexpenses incurred in the investigation, preparation --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only and litigation ofthe forfeiture action, including that proportion of the salaries of theattorneys, clerical and investigative personnel devoted thereto, plusall costs and disbursements taxable under the provisions of thischapter;(f) In addition to amounts, if any, distributed pursuant to paragraph(d) of this subdivision, five percent of all moneys realized throughforfeiture to the claiming agent in satisfaction of actual costsincurred for protecting, maintaining and forfeiting the propertyincluding that proportion of the salaries of attorneys, clerical andinvestigative personnel devoted thereto;(g) Forty percent of all moneys realized through forfeiture which areremaining after distributions pursuant to paragraphs (a) through (f) ofthis subdivision, to the chemical depe hereto;(g) Forty percent of all moneys realized through forfeiture which areremaining after distributions pursuant to paragraphs (a) through (f) ofthis subdivision, to the chemical dependence service fund establishedpursuant to section ninety-seven-w of the state finance law;(h) All moneys remaining after distributions pursuant to paragraphs(a) through (g) of this subdivision shall be distributed as follows:(i) seventy-five percent of such moneys shall be deposited to a lawenforcement purposes subaccount of the general fund of the state wherethe claiming agent is an agency of the state or the politicalsubdivision or public authority of which the claiming agent is a part,to be used for law enforcement use in the investigation of penal lawoffenses or law enforcement assisted diversion;(ii) the remaining twenty-five percent of such moneys shall bedeposited to a prosecution services subaccount of the general fund of thestate where the claiming authority is the attorney general or thepolitical subdivision of which the claiming authority is a part, to beused for the prosecution of penal law offenses.Where multiple claiming agents participated in the forfeiture action,funds available pursuant to subparagraph (i) of this paragraph shall bedisbursed to the appropriate law enforcement purposes subaccounts inaccordance with the terms of a written agreement reflecting theparticipation of each claiming agent entered into by the participatingclaiming agents.3. All moneys distributed to the claiming agent and the claimingauthority pursuant to paragraph (h) of subdivision two of this sectionshall be used to enhance law enforcement efforts and not insupplantation of ordinary budgetary costs including salaries ofpersonnel, and expenses of the claiming authority or claiming agentduring the fiscal year in which this section takes effect.4. The claiming authority shall report the disposal of ng salaries ofpersonnel, and expenses of the claiming authority or claiming agentduring the fiscal year in which this section takes effect.4. The claiming authority shall report the disposal of property andcollection of assets pursuant to this section to the office of victimservices, the state division of criminal justice services and the statedivision of substance abuse services.5. Monies and proceeds from the sale of property realized as aconsequence of any forfeiture distributed to the claiming agent orclaiming authority of any county, town, city, or village of which theclaiming agent or claiming authority is a part, shall be deposited to anasset forfeiture escrow fund established pursuant to section six-v ofthe general municipal law. CPLR § 1349 Page 2