Opinion
February 2, 2001.
Order, Supreme Court, New York County (Juanita Bing Newton, J.), entered on or about September 30, 1997, which denied appellant surety's motion for remission of cash bail forfeited on March 18, 1996, unanimously affirmed, without costs.
Richard Nahas for respondent.
Pro Se for surety-appellant.
Before: Mazzarelli, J.P., Andrias, Wallach, Lerner, Rubin, JJ.
The surety's motion for remission of bail, made some 16 months after forfeiture of the bail at issue, was untimely (see, CPL 540.30). Moreover, the surety did not sustain her burden of submitting a detailed affidavit showing that defendant's absence was non-willful (see, Indemnity Ins. Co. v. People, 133 A.D.2d 345, 346, lv denied, 70 N.Y.2d 613), and, in any event, there are no exceptional circumstances warranting the relief sought (see, People v. Cotto, 262 A.D.2d 138).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.