Opinion
December 21, 1987
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the appeal from the order dated March 5, 1986, is dismissed, without costs or disbursements, as that order was superseded by the order dated January 15, 1987, and it is further,
Ordered that the order dated January 15, 1987, is modified, as a matter of discretion, by deleting the provision thereof which adhered to the original determination denying the application in its entirety, and substituting therefor a provision granting the application to the extent of granting the remission of all but $1,000 of the bail forfeited; as so modified, the order dated January 15, 1987, is affirmed insofar as reviewed, without costs or disbursements; and it is further,
Ordered that the order dated March 5, 1986, is modified accordingly.
In view of all the circumstances, the amount of the forfeiture was excessive to the extent indicated. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.