Property Clerk of N. Y. City Police Dept. v Krasnik

Property Clerk of N.Y. City Police Dept. v Krasnik 2007 NY Slip Op 05351 [41 AD3d 245] June 19, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

Property Clerk of the New York City Police Department, Respondent,
v
Boris Krasnik, Appellant.

—[*1] Boris Krasnik, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Francis F. Caputo of counsel), for respondent.

Order, Supreme Court, New York County (Martin Shulman, J.), entered July 21, 2006, which granted plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Plaintiff demonstrated by a preponderance of the evidence that defendant pleaded guilty to driving while intoxicated, and that he was driving the vehicle that is the subject of this forfeiture proceeding at the time he committed the crime. Defendant's conviction is conclusive proof of the underlying facts. Even if he had sought to dispute his conviction or the underlying facts on this appeal, he would be collaterally estopped from relitigating those facts herein (see Grayes v DiStasio, 166 AD2d 261 [1990]). Concur—Marlow, J.P., Williams, Gonzalez, Catterson and McGuire, JJ.