Opinion
May 11, 1990
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Callahan, J.P., Denman, Pine, Balio and Davis, JJ.
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in granting respondents' motion to strike petitioner's demand for a jury trial (see, CPLR 4102 [a]). In our view, petitioner is entitled to a jury trial in this civil proceeding commenced pursuant to Public Health Law § 3388, for a judgment declaring a forfeiture of a 1987 Chevrolet Corvette registered in the name of respondent Weston Motors (see, Matter of Vergari v. Marcus, 26 N.Y.2d 764, 765; Matter of Joch v. Pikulik, 88 A.D.2d 1023).