Property Clerk, New York City Police Department v. Scricca

OPINION OF THE COURT

Wallace R. Cotton, J.

Defendant’s motion, pursuant to CPLR 3211 (a) (3) and (7), to dismiss the instant forfeiture action brought by the plaintiff Property Clerk, New York City Police Department (Property Clerk) is denied.

*434On June 3, 1987, police officers allegedly observed one Thomas Cotogna purchase a controlled substance in a park located in Queens. Subsequent to the aforesaid purchase, Cotogna entered an automobile owned by the defendant and drove away. However, he was quickly arrested by police officers for possession of a controlled substance (Penal Law § 220.03).…