Dillon v. Woolnough

Appellate Division of the Supreme Court of New York

Dillon v. Woolnough

203 A.D.2d 235, 609 N.Y.S.2d 657, 1994 N.Y. App. Div. LEXIS 3193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1994

StatusPublished

This text of 203 A.D.2d 235 (Dillon v. Woolnough) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dillon v. Woolnough, 203 A.D.2d 235, 609 N.Y.S.2d 657, 1994 N.Y. App. Div. LEXIS 3193 (N.Y. Ct. App. 1994).

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Opinion

In an action pursuant to CPLR article 13-A to declare a forfeiture of the proceeds of a crime, the defendant appeals from an order of the County Court, Nassau County (Winick, J.), dated August 9, 1989, which granted the plaintiff’s application for an order of attachment and a temporary restraining order. The notice of appeal from a decision dated July 27, 1989, is deemed a premature notice of appeal from the order dated August 9, 1989 (see, CPLR 5520 [c]).

Ordered that the order is affirmed, with costs.

The hearing court properly found that there was a substantial probability that the plaintiff claiming authority would prevail on the issue of forfeiture, that without an order of attachment the assets seized from the defendant’s drug-filled apartment — namely, $6,747.30 in small bills — would probably be dissipated, and that the need to attach the assets outweighed any potential hardship to the defendant (see, CPLR 1312 [3]; 1311 [1] [a]; Morgenthau v Citisource, Inc., 68 NY2d 211; Kuriansky v Natural Mold Shoe Corp., 133 Misc 2d 489, amended on other grounds upon rearg 136 Misc 2d 684). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.

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In an action pursuant to CPLR article 13-A to declare a forfeiture of the proceeds of a crime, the defendant appeals from an order of the County Court, Nassau County (Winick, J.), dated August 9, 1989, which granted the plaintiff’s application for an order of attachment and a temporary restraining order. The notice of appeal from a decision dated July 27, 1989, is deemed a premature notice of appeal from the order dated August 9, 1989 (see, CPLR 5520 [c]).

Ordered that the order is affirmed, with costs.

The hearing court properly found that there was a substantial probability that the plaintiff claiming authority would prevail on the issue of forfeiture, that without an order of attachment the assets seized from the defendant’s drug-filled apartment — namely, $6,747.30 in small bills — would probably be dissipated, and that the need to attach the assets outweighed any potential hardship to the defendant (see, CPLR 1312 [3]; 1311 [1] [a]; Morgenthau v Citisource, Inc., 68 NY2d 211; Kuriansky v Natural Mold Shoe Corp., 133 Misc 2d 489, amended on other grounds upon rearg 136 Misc 2d 684). Lawrence, J. P., Joy, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

203 A.D.2d 235, 609 N.Y.S.2d 657, 1994 N.Y. App. Div. LEXIS 3193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillon-v-woolnough-nyappdiv-1994.

Opinion

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