Car returned to innocent co-owner for critical life activities.
ALJ Casey ruled that co-owner of seized 2001 Ford Expedition was entitled to return of the vehicle pending subsequent forfeiture hearing. He credited co-owner's claim that she did not know that the driver would use the vehicle for criminal purposes.
Co-owner made requisite showing under Property Clerk v. Harris, 9 N.Y.2d 237 (2007), that continued impoundment would substantially interfere with critical life activities based upon her testimony that she needed it late at night to drive home from work and in the morning to take her child to school.
Police Dep't v. Miller (in PDF), OATH Index No. 2420/08, mem. dec. (May 21, 2008).