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Dillon v. Woolnough

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 235 (N.Y. App. Div. 1994)

Opinion

April 4, 1994

Appeal from the County Court, Nassau County (Winick, J.).


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; 1311 [1] [a]; Morgenthau v Citisource, Inc., 68 N.Y.2d 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.


Summaries of

Dillon v. Woolnough

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 235 (N.Y. App. Div. 1994)
Case details for

Dillon v. Woolnough

Case Details

Full title:DENIS DILLON, as District Attorney of Nassau County, Respondent, v. GARY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 1994

Citations

203 A.D.2d 235 (N.Y. App. Div. 1994)
609 N.Y.S.2d 657