§ 1848. Forfeiture action with respect to motor fuel and diesel motor\nfuel and vehicle carrying such fuel.\n (a) Temporary seizure. Whenever a police officer designated in section\n1.20 of the criminal procedure law or a peace officer designated in\nsubdivision four of section 2.10 of such law, acting pursuant to his\nspecial duties, shall discover any motor fuel or diesel motor fuel which\nis being imported for use, distribution, storage or sale in the state\nwhere the person importing or causing such motor fuel or diesel motor\nfuel to be imported is not registered as a distributor under section two\nhundred eighty-three or section two hundred eighty-two-a, of this\nchapter, as the case may be, such police officer or peace officer is\nhereby authorized to seize and take possession of such motor fuel or\ndiesel motor fuel, together with the vehicle or other means of\ntransportation used to transport such motor fuel.\n (b) Retention of property. The department shall hold and safely keep\nsuch motor fuel, diesel motor fuel, vehicle or other means of\ntransportation seized pursuant to subdivision (a) of this section.\nSeized motor fuel or diesel motor fuel may be deposited to the credit of\nthe department at a terminal or other storage facility within the state\nor may be sold by the department on the open market.\n (c) Confirmation of temporary seizure. Within five business days after\nthe temporary seizure of motor fuel, diesel motor fuel, vehicle or other\nmeans of transportation pursuant to subdivision (a) of this section, the\ndepartment shall move in supreme court in any county, on such notice as\nthe court shall direct to the owners of the property, to confirm the\ntemporary seizure. If the department fails to make such motion within\nthe required period, such seized property shall be restored to the\nowners thereof as provided in subdivision (e) of this section. On a\nmotion for an order confirming the seizure, the department shall show,\nby affidavit and such other written evidence as may be submitted, that\nthere is a cause of action for forfeiture under subdivision (d) of this\nsection and that there are grounds for confirmation of the seizure. The\ndepartment shall include, in its motion papers, an inventory of all\nseized property. The court shall grant an application for an order\nconfirming the seizure when it determines that there is a substantial\nprobability that the department will 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 by service of a summons with notice or summons and\ncomplaint in accordance with the methods authorized by the civil\npractice law and rules or the business corporation law with respect to\npersonal service of a summons. Upon such terms as may be just and upon\ngood cause shown the court may extend the time, not exceeding thirty\ndays, within which the summons must be served, provided that the\napplication for extensions made before the expiration of the time fixed.\nIf the department fails to commence the forfeiture action within the\nrequired period, such seized property shall be restored to the owners\nthereof as provided 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 motor fuel or diesel motor fuel together with the\nvehicle or other means of transportation used to transport such motor\nfuel or diesel motor fuel shall be adjudged where the department proves,\nby clear and convincing evidence, that the person importing or causing\nsuch motor fuel or diesel motor fuel to be imported was not registered\nas a distributor under section two hundred eighty-three or section two\nhundred eighty-
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