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Matter of International Fid. Ins. v. People

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 446 (N.Y. App. Div. 2000)

Opinion

Submitted February 18, 2000.

April 3, 2000.

In a proceeding pursuant to CPL 540.30 for the remission of a forfeiture of bail, International Fidelity Insurance Company, as surety, appeals from an order of the Supreme Court, Kings County (Cutrona, J.), entered March 26, 1999, which denied its motion to remit the forfeiture of bail of its principal, Kato Jenkins, and to vacate the judgment entered thereon.

James M. Newman, Brooklyn, N.Y., for appellant.

Charles J. Hynes , District Attorney, Brooklyn, N.Y. (Joseph J. McCarthy, Jr., Dianne E. Malone, and James A. Conlon of counsel), for respondent.

GABRIEL M. KRAUSMAN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant did not move for remission of the forfeiture of bail until more than a year after the order directing the bail to be forfeited was entered. Thus, the appellant's application for remission of the forfeited bail was properly denied as untimely pursuant to CPL 540.30(2) (see, People v. Public Serv. Mut. Ins. Co., 37 N.Y.2d 606 ; People v. Cotto, 262 A.D.2d 138 ).

The appellant's remaining contentions are without merit.


Summaries of

Matter of International Fid. Ins. v. People

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 446 (N.Y. App. Div. 2000)
Case details for

Matter of International Fid. Ins. v. People

Case Details

Full title:IN THE MATTER OF INTERNATIONAL FIDELITY INSURANCE COMPANY (Kato Jenkins)…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 3, 2000

Citations

271 A.D.2d 446 (N.Y. App. Div. 2000)
708 N.Y.S.2d 296