Opinion
September 21, 1967
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Del Vecchio and Marsh, JJ.
Order of City Court of Buffalo, as affirmed by order of Erie County Court, unanimously modified, without costs and motion granted unconditionally. Memorandum: The requirement that the defendants furnish a surety bond or cash in the amount of $600 as a condition for the granting of defendants' motion, under the circumstances appearing here, was an improvident exercise of discretion.