Dillon v. Hawthorne

OPINION OF THE COURT

Allan L. Winick, J.

In this civil forfeiture action commenced pursuant to CPLR article 13-A, plaintiff, Denis Dillon, the District Attorney of Nassau County, as claiming authority, moves for an order granting him summary judgment awarding him a money judgment-in the amount of $4,250. Said amount representing the purported value of the instrumentality of a crime, an *34automobile, used by the defendant in violation of Vehicle and Traffic Law § 1192 (2), the operation of a motor vehicle while intoxicated.

The plaintiff neither alleged in the complaint nor did he prove on this…