Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion granted to the extent that respondent-appellant is awarded summary judgment dismissing the forfeiture proceeding; and proceeding remanded to Special Term for a determination of respondent-appellant's counterclaims. The institution of the forfeiture proceeding by the District Attorney was not timely pursuant to the provisions of subdivision 4 of section 3388 of the Public...
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