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§ 19-529.3 Forfeiture of commuter vans.
   a.   In addition to the penalties, sanctions and remedies provided in this chapter or subdivisions six and seven of section one hundred forty-five of the transportation law, a vehicle seized pursuant to section 19-529.2 of this chapter, and all rights, title and interest therein, shall be subject to forfeiture to the city in accordance with the provisions of this section upon judicial determination thereof, if the owner of such vehicle has been found liable at least two times in an administrative or court proceeding for operating a commuter van or other such common carrier by or on behalf of a person who is not the holder of a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, both of which violations were committed within a five-year period.
   b.   A forfeiture action which is commenced pursuant to this section shall be commenced by filing of a summons with notice or a summons and complaint pursuant to the New York civil practice law and rules, and such summons with notice or summons and complaint shall be served pursuant to subdivision c of this section. A vehicle which is the subject of such an action shall remain in the custody of the city pending the final determination of the forfeiture action.
   c.   Service of a summons with notice or a summons and complaint shall be made:
      (1)   by personal service pursuant to the New York civil practice law and rules upon all owners of the vehicle listed in the records maintained by the New York state department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration;
      (2)   by first class mail upon all individuals who have notified the commission or an administrative tribunal thereof that they are an owner of the vehicle; and
      (3)   by first class mail upon all persons holding a security interest in such vehicle which security interest has been filed with the New York state department of motor vehicles pursuant to the provisions of title ten of the New York state vehicle and traffic law, at the address set forth in the records of the New York state department of motor vehicles, or, for vehicles not registered in New York state, all persons holding a security interest in such vehicle which security interest has been filed with such state of registration at the address provided by such state of registration.
   d.   Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture shall assert a claim for the recovery of the vehicle or satisfaction of the owner's interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture shall assert a claim for satisfaction of such person's security interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules.
   e.   No vehicle shall be forfeited pursuant to this section, to the extent of the interest of a person who claims an interest in the vehicle, if such person shall plead and prove as an affirmative defense that:
      (1)   the use of the vehicle for the conduct that was the basis for the seizure occurred without the knowledge of such person, or, if such person had knowledge of such use, without the consent of such person, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle; or
      (2)   the conduct that was the basis for the seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
   f.   For purposes of subdivision e of this section, if such person claiming an interest in the vehicle had knowledge of the use of the vehicle for the conduct that was the basis for such seizure, such person shall be deemed to have consented to the unlawful conduct unless such person establishes that he or she did all that could reasonably have been done to prevent the use of the vehicle for such unlawful conduct.
   g.   The city, after judicial determination of forfeiture, shall, at its discretion, either:
      (1)   retain such vehicle for the official use of the city; or
      (2)   by public notice of at least twenty days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
   h.   At any time within six months after the forfeiture, any person claiming an interest in a vehicle which has been forfeited pursuant to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision b or c of this section or who did not otherwise receive actual notice of the forfeiture action may assert, in an action commenced before the justice of the supreme court before whom the forfeiture action was held, such claim as could have been asserted in such forfeiture action pursuant to this section. The court may grant the relief sought upon such terms and conditions as it deems reasonable and just if such person claiming an interest in the vehicle establishes that he or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action and establishes either of the affirmative defenses set forth in subdivision e of this section.
   i.   In any action commenced pursuant to subdivision b or h of this section, where the court awards a sum of money to one or more persons in satisfaction of such person's or persons' interest or interests in the forfeited vehicle, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle, after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.