§ 2-41 Applicability.

   This subchapter applies solely to cases brought to determine the validity of post-seizure retention of vehicles by the Police Department as evidence or for prospective or pending actions to forfeit such vehicles pursuant to § 14-140 of the New York City Administrative Code. Chapter 1 of this title also applies to such cases except to the extent that it is inconsistent with this subchapter or with Krimstock v. Kelly, 99 Civ. 12041 (MBM), order and judgment (S.D.N.Y. Jan. 5, 2004), and any amendments, modifications and revisions thereof.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-42 Parties.

   For purposes of this subchapter, the Police Department will be the petitioner, and the claimant to the vehicle will be the respondent, as defined in 48 RCNY § 1-01.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-43 Pleadings.

   (a)   The time provided in 48 RCNY § 1-26(d) for service of the notice of trial does not apply.

   (b)   Notwithstanding 48 RCNY § 1-24, the respondent may serve and file an answer at any time until the commencement of the hearing.

(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-44 Trial Continuances.

   A motion by the petitioner, after the conclusion of the respondent's evidence, for a continuance of trial to present rebuttal evidence in the form of testimony from witnesses not called on the petitioner's case-in-chief, may be granted for good cause shown.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-45 Default by Vehicle Owner.

   Pursuant to 48 RCNY § 1-45, where an owner of a vehicle fails to appear for trial, having been properly served with required notices, the petitioner need not prove that such owner "permitted or suffered" the allegedly illegal use of the seized vehicle.

§ 2-46 Transcription of Trials.

   Notwithstanding 48 RCNY § 1-51, the recording of the trial or of other proceedings in the case, whether electronic or stenographic, may not be transcribed except (i) upon request and payment of reasonable transcription costs, (ii) upon direction of the administrative law judge, in his or her discretion, or (iii) as otherwise required by law.

(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)

Subchapter E: Additional Rules for Department of Correction Cases