MORGENTHAU v. BASBUS

1650, 400295/05

68 A.D.3d 442 (2009)

2009 NY Slip Op 8965

890 N.Y.S.2d 43

ROBERT M. MORGENTHAU, as District Attorney of New York County, Respondent, v. VICTOR BASBUS, M.D., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2009.


Following his conviction and sentencing under an indictment involving an insurance fraud enterprise, defendant-appellant moved to stay a related civil forfeiture proceeding pursuant to CPLR 1311 (1) (a), which mandates that such proceedings be stayed "during the pendency of a criminal action which is related to it." A criminal action has a precise definition set forth in CPL 1.20 (16), which provides that it terminates "with the

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