§ 1845. Forfeiture action with respect to alcoholic beverages and\nvehicles carrying such beverages. (a) Temporary seizure. Whenever a\npolice officer designated in section 1.20 of the criminal procedure law\nor a peace officer designated in subdivision four of section 2.10 of\nsuch law, acting pursuant to his special duties, shall discover more\nthan ninety liters of liquors which are being imported for sale or use\nin the state, where the person importing or causing such liquors to be\nimported is not registered as a distributor under section four hundred\ntwenty-one of this chapter, such police officer or peace officer is\nhereby authorized to seize and take possession of such liquors, and to\nseize and take possession of the vehicle or other means of\ntransportation used to transport such liquors.\n (b) Retention of property. The department shall hold and safely keep\nsuch liquors, vehicle or other means of transportation seized pursuant\nto subdivision (a) of this section. Seized liquors may be deposited to\nthe credit of the department at a storage facility within the state or\nmay be sold by the department.\n (c) Confirmation of temporary seizure. Within five business days after\nthe temporary seizure of liquors, vehicle or other means of\ntransportation pursuant to subdivision (a) of this section, the\ndepartment shall move in supreme court in the county where the temporary\nseizure occurred, on such notice as the court shall direct to the owners\nof the property, to confirm the temporary seizure. If the department\nfails to make such motion within the required period, such seized\nproperty shall be restored to the owners thereof as provided in\nsubdivision (e) of this section. On a motion for an order confirming the\nseizure, the department shall show, by affidavit and such other written\nevidence as may be submitted, that there is a cause of action for\nforfeiture under subdivision (d) of this section and that there are\ngrounds for confirmation of the seizure. The department shall include,\nin its motion papers, an inventory of all seized property. The court\nshall grant an application for an order confirming the seizure when it\ndetermines that there is a substantial probability that the department\nwill prevail on the issue of forfeiture.\n (d) Forfeiture action. (1) A forfeiture action shall be commenced\nwithin forty-five days from the date of the seizure. Such action shall\nbe commenced and service shall be made in accordance with the methods\nauthorized by the civil practice law and rules or the business\ncorporation law. Upon such terms as may be just and upon good cause\nshown, the court may extend the time, not exceeding thirty days, within\nwhich the summons must be served, provided that the application for\nextentions made before the expiration of the time fixed. If the\ndepartment fails to commence the forfeiture action within the required\nperiod, such seized property shall be restored to the owners thereof as\nprovided in subdivision (e) of this section.\n (2) A forfeiture action under this subdivision shall be commenced in\nsupreme court. The proper venue for trial of an action for forfeiture is\nthe county in which the temporary seizure authorized by subdivision (a)\nof this section occurred.\n (3) Forfeiture of liquors together with the vehicle or other means of\ntransportation used to transport such liquors shall be adjudged where\nthe department proves, by clear and convincing evidence, that the person\nimporting or causing such liquors to be imported was not registered as a\ndistributor under section four hundred twenty-one of this chapter. All\ndefendants in a forfeiture action brought pursuant to this article shall\nhave the right to trial by jury on any issue of fact.\n (4) The court in which a forfeiture action is pending may dismiss said\naction in the interests of justice upon an application as provided for\nherein.\n (A) At any time during the pendency of a forfeiture action, the\nd
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