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MORGENTHAU v. VINARSKY

2538N, 400514/08

72 A.D.3d 499 (2010)

897 N.Y.S.2d 906

ROBERT M. MORGENTHAU, as District Attorney of New York County, Respondent, v. GREGORY VINARSKY, Also Known as GARY VINARSKY, et al., Defendants, and ARON GOLDMAN, Appellant.

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

Decided April 13, 2010.

The indictment filed in the criminal prosecution underlying this action, the affirmation of the assistant district attorney, and the affidavit of the police detective demonstrate the requisite "substantial probability" that plaintiff will prevail on the forfeiture issue (CPLR 1312 [3]; Morgenthau v Citisource, Inc., 68 N.Y.2d 211, 222 [1986]; Morgenthau v Goldmen & Co., 283 A.D.2d 212

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