Legislation
SECTION 1352
Preservation of other rights and remedies
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A
§ 1352. Preservation of other rights and remedies. The remedies
provided for in this article are not intended to substitute for or limit
or supersede the lawful authority of any public officer or agency or
other person to enforce any other right or remedy provided for by law.
The exercise of such lawful authority in the forfeiture of property
alleged to be the proceeds, substitute proceeds, instrumentality of a
crime or real property instrumentality of crime must include the
provision of a prompt opportunity to be heard for the owner of seized
property in order to ensure the legitimacy and the necessity of its
continued retention by law enforcement, as well as clear notice of
deadlines for accomplishing the return of such property.
provided for in this article are not intended to substitute for or limit
or supersede the lawful authority of any public officer or agency or
other person to enforce any other right or remedy provided for by law.
The exercise of such lawful authority in the forfeiture of property
alleged to be the proceeds, substitute proceeds, instrumentality of a
crime or real property instrumentality of crime must include the
provision of a prompt opportunity to be heard for the owner of seized
property in order to ensure the legitimacy and the necessity of its
continued retention by law enforcement, as well as clear notice of
deadlines for accomplishing the return of such property.