Opinion
December, 1929.
Order granting motion to reduce bail reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The record discloses that a similar motion for the same relief has been previously denied at a Special Term held by another justice ( Heischober v. Polishook, 152 App. Div. 193) and that this court has heretofore heard and denied a similar application on a writ of habeas corpus. Furthermore, a sum in excess of $80,000 is alleged to have been converted by defendant Frank J. Vitale, and the bail fixed ($20,000) is, under the circumstances, proper. Lazansky, P.J., Rich, Young, Seeger and Scudder, JJ., concur.