PROPERTY CLERK OF N.Y. CITY v. DIOUF

Because forfeiture is a civil proceeding, the Property Clerk need only prove by a preponderance of the evidence that seized property is subject to forfeiture (Matter of Property Clerk of N Y City Police Dept. v. Ferris, 77 N.Y.2d 428, 430). And, because of the differing degree of proof, the outcome of an underlying criminal action — even if terminated by a dismissal or acquittal — is irrelevant to the outcome of a civil forfeiture proceeding (supra; see also, Property Clerk of N.Y. City Police Dept. v Lanzetta, 157 A.D.2d 600, 601).

Here, although issues of fact are presented regarding whether the $1,349.83, including $1,200 in counterfeit currency, defendant allegedly brought here from Senegal, was obtained through legitimate business enterprises, plaintiff's speculative contention that counterfeit money was used to obtain the additional $16,610.17 for which defendant produced a foreign exchange receipt from a reputable concern is insufficient to defeat summary judgment as to those additional monies seized from defendant and held by the Property Clerk.

Concur — Carro, J.P., Ellerin, Kupferman and Asch, JJ.