Opinion
April 29, 1998
(Appeal from Order of Oneida County Court, Donalty, J. — Bail Forfeiture.)
Present — Denman, P.J., Green, Pigott, Jr., Callahan and Fallon, JJ.
Order unanimously affirmed without costs. Memorandum: County Court properly vacated the order directing forfeiture of the bail bond. Bail was forfeited upon defendant's recorded nonappearance at the scheduled trial date ( see, CPL 540.10), not upon entry of the order ( see, People v. Schonfeld, 74 N.Y.2d 324, 330; People v. Bennett, 136 N.Y. 482, 487, rearg denied 137 N.Y. 601; People v. Midland Ins. Co., 97 Misc.2d 341, 343). The District Attorney's failure to proceed against the surety within 60 days of the forfeiture ( see, CPL 540.10) precludes the People's recovery on the bail bond ( see, People v. Schonfeld, supra, at 326; Matter of International Fid. Ins. Co. [Petti] v. People, 240 A.D.2d 494, lv denied 90 N.Y.2d 808; Matter of International Fid. Ins. Co. [Bailey] v. People, 208 A.D.2d 838, 840).