New York Laws
Article 8 - General Provisions
123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.

(b) The owner, lessor and lessee of a building, erection or place
where alcoholic beverages are unlawfully manufactured, sold, consumed or
permitted to be unlawfully manufactured, sold or consumed may be made
respondents or defendants in the proceeding or action.
2. (a) This seized property shall be delivered by the peace officer,
acting pursuant to his special duties or police officer having made the
seizure to the custody of the authority or the district attorney of the
county wherein the seizure was made as may be directed by the court,
except that in the cities of New York and Buffalo, the seized property
shall be delivered to the custody of the authority or of the police
department of such cities, together with a report of all the facts and
circumstances of the seizure.
(b) It shall be the duty of the authority or such district attorney
or, if the seizure was made in the cities of New York or Buffalo, of the
authority or corporation counsel of such city, as the case may be, to
inquire into the facts of the seizure so reported and if it appears
probable that a forfeiture has been incurred, for the determination of
which the institution of proceedings in the supreme court is necessary,
to cause the proper proceedings to be commenced and prosecuted, at any
time after thirty days from the date of seizure, to declare such
forfeiture, unless, upon inquiry and examination the authority or such
person, as the case may be, decides that such proceedings can not
probably be sustained or that the ends of public justice do not require
that they should be instituted or prosecuted, in which case, the
authority or such person shall cause such seized property to be returned
to the owner thereof.
(c) Notice of the institution of the forfeiture proceeding shall be
served either (i) personally on the owners of the seized property or
(ii) by registered mail to the owners' last known address and by
publication of the notice once a week for two successive weeks in a
newspaper published or circulated in the county wherein the seizure was
made.
(d) Forfeiture shall not be adjudged where the owners established by
preponderance of the evidence that (i) the use of such seized property
was not intentional on the part of any owner, or (ii) said seized
property was used by any person other than an owner thereof, while such
seized property was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws of the
United States, or of any state.
(e) The authority or such person having custody of the seized
property, after such judicial determination of forfeiture, shall, by a
public notice of at least five days, sell such forfeited property at
public sale. The net proceeds of any such sale, after deduction of the
lawful expenses incurred, shall be paid into the general fund of the
county wherein the seizure was made except that the net proceeds of the
sale of property seized in the cities of New York and Buffalo shall be
paid into the respective general funds of such cities.
(f) Whenever any person interested in any property which is seized and
declared forfeited under the provisions of this section files with a

justice of the supreme court a petition for the recovery of such
forfeited property, the justice of the supreme court may restore said
forfeited property upon such terms and conditions as he deems reasonable
and just, if the petitioner establishes either of the affirmative
defenses set forth in paragraph (d) of subdivision two of this section
and that the petitioner was without personal or actual knowledge of the
forfeiture proceeding. If the petition be filed after the sale of the
forfeited property, any judgment in favor of the petitioner shall be
limited to the net proceeds of such sale, after deduction of the lawful
expenses and costs incurred by the seizing party.
(g) No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.

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