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PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, plf-res, v. TORIN HYLOR, def-ap

4669. PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, plf-res, v. TORIN HYLOR, def-ap — The Legal Aid Society, New York (Thomas M. O'Brien of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Martin Shulman, J.), entered August 9, 2016, which, in this civil forfeiture action, granted plaintiff's motion for summary judgment, denied defendant's cross motion for summary judgment, and declared that defendant's vehicle be forfeited, unanimously affirmed, without costs.

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4669. PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, plf-res, v. TORIN HYLOR, def-ap — The Legal Aid Society, New York (Thomas M. O’Brien of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Martin Shulman, J.), entered August 9, 2016, which, in this civil forfeiture action, granted plaintiff’s motion for summary judgment, denied defendant’s cross motion for summary judgment, and declared that defendant’s vehicle be forfeited, unanimously affirmed, without costs.

By notice received by plaintiff on January 22, 2015, defendant requested a hearing pursuant to Krimstock v. Kelly (306 F3d 40 [2d Cir 2002], cert denied 539 US 969 [2002]), seeking a temporary return of his 2002 BMW. The police had seized the car as an alleged instrumentality of a crime during defendant’s arrest for criminal possession of marijuana and other violations, as they found over three pounds of marijuana in the car. On the same day plaintiff received defendant’s request, it served a Petition and Notice of Hearing on him, notifying him the requested hearing had been scheduled, indicating its intent to retain the car and to commence forfeiture proceedings, and explaining the car had been seized pursuant to his arrest for violation of, among other charges, Penal Law §221.55, as the alleged instrumentality of a crime. The notice further advised defendant of his right to appear at the hearing in person, and to be represented by an attorney.

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