Chesworth v. Block

— In a forfeiture proceeding pursuant to Public Health Law § 3388, the appeal is from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), entered September 28, 1987, which dismissed the petition and directed that the vehicle be returned to the respondents.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, *419Suffolk County, for a hearing limited to the affirmative defense interposed by the respondent, Hyman Block, pursuant to Public Health Law § 3388 (6).

The respondent David Block was indicted on four counts of sale and…