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In the Matter of ROBERT ABRAMS, as Attorney-General of the State of New York, Appellant, v. ONE 1987 CHEVROLET CORVETTE et al., Respondents.

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in granting respondents' motion to strike petitioner's demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law § 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors (see, Matter of Vergari v. Marcus, 26 N.Y.2d 764, 765; Matter of Joch v. Pikulik, 88 A.D.2d 1023).

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MATTER OF ABRAMS v. ONE 1987 CHEVROLET
(May 11, 1990)