— Judgment of the Supreme Court, New York County (Kirschenbaum, J.), entered on May 25,1983, which directed the petitioner Property Clerk of New York City Police Department to restore $1,206 to respondent, is reversed, on the law, without costs, and the matter remanded for a hearing.
Respondent was arrested and charged with criminal possession of marihuana in the fifth degree and criminal sale of marihuana in the fourth degree. At the time of his arrest, $1,206 was seized from his person. The case against respondent was dismissed, not on the merits, but because of the failure to produce the laboratory report.
The petitioner commenced this proceeding seeking forfeiture of the $1,206 pursuant to section 435-4.0 of the Administrative Code of the City of New York. Special Term denied the application and directed return of the money to the respondent since the criminal charges against him had been dismissed. This was erroneous.
The court simply concluded that the dismissal of the criminal charges precluded forfeiture of the money seized. Without any record of respondent’s explanations, however, we are unable to determine if respondent was able to overcome petitioner’s prima facie showing, and we therefore remand for a hearing de novo at Special Term. Concur — Kupferman, Asch, Bloom and Kassal, JJ.