§ 1349. Disposal of property. 1. Any judgment or order of forfeiture\nissued pursuant to this article shall include provisions for the\ndisposal of the property found to have been forfeited.\n 2. If any other provision of law expressly governs the manner of\ndisposition of property subject to the judgment or order of forfeiture,\nthat provision of law shall be controlling, with the exception that,\nnotwithstanding the provisions of any other law, all forfeited monies\nand proceeds from forfeited property shall be deposited into and\ndisbursed from an asset forfeiture escrow fund established pursuant to\nsection six-v of the general municipal law, which shall govern the\nmaintenance of such monies and proceeds from forfeited property. Upon\napplication by a claiming agent for reimbursement of moneys directly\nexpended by a claiming agent in the underlying criminal investigation\nfor the purchase of contraband which were converted into a non-monetary\nform or which have not been otherwise recovered, the court shall direct\nsuch reimbursement from money forfeited pursuant to this article. Upon\napplication of the claiming agent, the court may direct that any\nvehicles, vessels or aircraft forfeited pursuant to this article be\nretained by the claiming agent for law enforcement purposes, unless the\ncourt determines that such property is subject to a perfected lien, in\nwhich case the court may not direct that the property be retained unless\nall such liens on the property to be retained have been satisfied or\npursuant to the court's order will be satisfied. In the absence of an\napplication by the claiming agent, the claiming authority may apply to\nthe court to retain such property for law enforcement purposes. Upon\nsuch application, the court may direct that such property be retained by\nthe claiming authority for law enforcement purposes, unless the court\ndetermines that such property is subject to a perfected lien. If not so\nretained, the judgment or order shall direct the claiming authority to\nsell the property in accordance with article fifty-one of this chapter,\nand that the proceeds of such sale and any other moneys realized as a\nconsequence of any forfeiture pursuant to this article shall be\ndeposited to an asset forfeiture escrow fund established pursuant to\nsection six-v of the general municipal law and shall be apportioned and\npaid in the following descending order of priority:\n (a) Amounts ordered to be paid by the court in satisfaction of any\nlien or claim against property forfeited. A fine imposed pursuant to the\npenal law shall not be deemed to constitute a lien or claim for purposes\nof this section;\n (b) Amounts ordered to be paid by the defendant in any other action or\nproceeding as restitution, reparations or damages to a victim of the\ncrime, which crime constitutes the basis upon which forfeiture was\neffected under this article, to the extent such amounts remain unpaid;\n (c) Amounts ordered to be paid by the defendant in any other action or\nproceeding as restitution, reparations or damages to a victim of any\ncrime committed by the defendant even though such crime did not\nconstitute the basis for forfeiture under this article, to the extent\nthat such amounts remain unpaid;\n (d) Amounts actually expended by a claiming authority or claiming\nagent, which amounts are substantiated by vouchers or other evidence,\nfor the: (i) maintenance and operation of real property attached\npursuant to this article. Expenditures authorized by this subparagraph\nare limited to mortgage, tax and other financial obligations imposed by\nlaw and those other payments necessary to provide essential services and\nrepairs to real property whose occupants are innocent of the criminal\nconduct which led to the attachment or forfeiture; and\n (ii) proper storage, cleanup and disposal of hazardous substances or\nother materials, the disposal of which is governed by the environmental\nconservation law, when suc
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