Published on:

CPLR 1311

This is an action for a forfeiture claim. In essence, plaintiff alleges that the non criminal defendants are dentists who billed the state program for unauthorized dental services provided by the criminal defendant and companies he is alleged to have controlled.

A Queens County Criminal attorney said that the forfeiture action was commenced by order to show cause in May 2005, at which time the court granted plaintiff’s request for a temporary restraining order attaching the personal and real property of the criminal defendant and the non-criminal defendants, and restrained all defendants and all persons and entities having knowledge of the order from removing from the State, transferring, assigning, disposing of, encumbering or secreting such property. Defendants appeared by counsel and the court approved a stipulation modifying the temporary restraining order, and permitted the release of funds from certain accounts held by the non-criminal defendants, including the release of approximately $7,000.00, to be used for living, business and legal expenses.

Thereafter, the court approved a stipulation and order further modifying the temporary restraining order, and permitted the release of additional funds from certain accounts held by certain defendants, including $23,187.37 to be used for living, business and legal expenses. In July 2005 the Attorney General and non-criminal defendants individually and on behalf of his interests entered into a Stipulated Preliminary Injunction. These defendants also executed an Affidavit of Confession of Judgment in favor of the State of New York to secure plaintiff’s interest in real property owned by these defendants, and agreed to plaintiff’s filing of judgments in the counties where they possess real property and the filing of notices of pendency against several of the real properties.

The Affidavit of the Confession of Judgment and the Confession of Judgment were filed with the Queens County Clerk. Plaintiff, pursuant to the Stipulated Preliminary Injunction, agreed to vacate previous restraints upon the assets of the defendants, including all bank accounts. Thereafter, the plaintiff filed copies of the Queens County judgment in all of the counties where the defendants were known to possess an interest in real property and notices of pendency were filed against several properties. All restraints on the bank accounts were removed, pursuant to the terms of the Stipulated Preliminary Injunction. Defendants were also permitted to draw upon existing home equity lines of credit. There was no burglary and no robbery charged.

To Be Cont….

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