The remedies provided for in this article are not intended to substitute for or limit or supersede the lawful authority of any public officer or agency or other person to enforce any other right or remedy provided for by law. The exercise of such lawful authority in the forfeiture of property alleged to be the proceeds, substitute proceeds, instrumentality of a crime or real property instrumentality of crime must include the provision of a prompt opportunity to be heard for the owner of seized property in order to ensure the legitimacy and the necessity of its continued retention by law enforcement, as well as clear notice of deadlines for accomplishing the return of such property.
§ 1352.Preservation of other rights and remedies.
Article 13-A. Proceeds of Crime—forfeiture · Last amended 2019 · Last verified July 21, 2026
In one sentenceClarifies that Article 13-A's remedies do not replace, limit, or supersede any other lawful forfeiture authority, and requires that any exercise of that other authority give the property owner a prompt hearing and clear notice of deadlines for getting seized property back.
Full Text of CPLR 1352
Plain-English Summary
Section 1352 is a savings clause with a due-process condition attached. The first half is standard: nothing in Article 13-A is meant to substitute for, limit, or supersede the lawful authority any public officer, agency, or other person already has to enforce a right or remedy under some other law. A prosecutor or agency that has forfeiture power under a different statute does not lose it because Article 13-A exists alongside it.
The second half puts a real condition on that other authority. Whenever a public officer, agency, or other person exercises separate forfeiture power over property claimed to be the proceeds, substitute proceeds, or instrumentality of a crime, that exercise must include a prompt opportunity for the property's owner to be heard -- a chance to test whether the seizure and the law enforcement's continued hold on the property are warranted. It must also come with clear notice of the deadlines the owner faces to get the property back.
That pairing matters for anyone whose car, cash, or other property gets seized under a forfeiture statute outside Article 13-A. The owner is not left to wait indefinitely for a full civil case to run its course before getting any hearing at all -- section 1352 makes a prompt hearing and clear deadline notice part of the price of using that other forfeiture power.
Frequently Asked Questions
Does Article 13-A replace other forfeiture laws in New York?
No, section 1352 preserves the lawful authority of any public officer, agency, or other person to enforce forfeiture or any other remedy under a different statute.
What must a law enforcement agency provide when it seizes property under a forfeiture law outside Article 13-A?
A prompt opportunity for the property owner to be heard on whether the seizure and continued retention of the property are warranted, plus clear notice of the deadlines for getting the property returned.
Can property sit in police custody indefinitely without any hearing while a forfeiture case is pending?
Section 1352 says no -- the owner must get a prompt opportunity to be heard, not only a hearing at the end of the full forfeiture case.
Does section 1352 apply to Article 13-A forfeiture actions themselves?
Its due-process requirement is directed at other lawful forfeiture authority exercised outside this article, since Article 13-A's own hearing and notice rules appear throughout sections 1310 through 1351.
What kind of property does this hearing requirement cover?
Property alleged to be the proceeds, substitute proceeds, or an instrumentality of a crime, including real property that serves as an instrumentality of crime.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984, and applicable to crimes committed on and after Aug 1, 1984; L 2019, ch 55, § 8 (Part PP), effective October 9, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1352 preservation of remediesprompt post-seizure hearing New York forfeitureforfeiture owner right to be heardclear notice deadline return of seized property