Justice Peter Mayer
In this civil forfeiture action, Suffolk County alleged that non-parry Zabinsky was arrested and charged with operating a vehicle under the influence of drugs or alcohol while driving the subject vehicle, owned by non-criminal defendant Roca. The county sought a judgment directing forfeiture of Roca’s car, and moved for a default judgment against her for her alleged failure to answer the summons or appear in the action. Yet, the court noted Suffolk County Code stated that no property should be forfeited under §420 from noncriminal defendants, unless the county could produce clear and convincing evidence such defendant engaged in affirmative acts which aided or abetted the conduct of the criminal defendant. Here, it found the county failed to submit any evidence Roca engaged in such conduct. Thus, despite Roca’s alleged default, the county’s failure to establish a prima facie case under the proof set forth in its own Code precluded a judgment of default and forfeiture in the county’s favor, and required the prompt return of the vehicle to Roca. Also, the court stated as the county failed to produce clear and convincing evidence Roca affirmatively aided Zabinsky, she was not required to pay any related charges as a condition of the release of her vehicle.
