In civil forfeiture actions pursuant to CPLR article 13-A, a claiming authority may seize assets that originated from a legitimate source ( see CPLR 1311; 1312 [1]; 1313; see also Morgenthau v Citisource, Inc., 68 NY2d 211, 220), even if such assets could not properly be seized pursuant to a search warrant ( see CPL 690.10). Accordingly, we find that Supreme Court improperly directed the release of a portion of the restrained funds on the ground that those funds had twice been released by plaintiff after seizure pursuant to a search warrant.
We further find that Supreme Court improperly directed the release of such funds for the payment of defendant's attorneys' fees and legal expenses, since defendant failed to provide "an affidavit establishing the unavailability of other assets . . . for payment of such expenses or fees" (CPLR 1312; see Morgenthau v Western Express Intl., Inc., 83 AD3d 521).