Ordered that the order is affirmed, with costs.
The Supreme Court properly dismissed the proceeding. The petitioner failed to establish by a preponderance of the evidence any of the affirmative defenses set forth under Public Health Law § 3388 (6) and that he was "without personal or actual knowledge of the forfeiture proceeding" (Public Health Law § 3388 [8]).
In light of our determination we need not reach the petitioner's remaining...
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