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PEOPLE v. CORCILLO

276 A.D. 675 (1950)

The People of the State of New York, Respondent, v. Michael N. Corcillo and National Surety Corporation, Appellants. (Action No. 1.) The People of the State of New York, Respondent, v. Carmine V. Corcillo and National Surety Corporation, Appellants. (Action No. 2.) The People of the State of New York, Respondent, v. Empire State Agency, Inc., and National Surety Corporation, Appellants. (Action No. 3.) The People of the State of New York, Respondent, v. Michael N. Corcillo and The Century Indemnity Company, Appellants. (Action No. 4.) The People of the State of New York, Respondent, v. Carmine V. Corcillo and The Century Indemnity Company, Appellants. (Action No. 5.) The People of the State of New York, Respondent, v. Empire State Agency, Inc., and The Century Indemnity Company, Appellants. (Action No. 6.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.

Attorney(s) appearing for the Case

Samuel Gottesman for appellant surety companies.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Ruth Kessler Toch, of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

Per Curiam.

These appeals, consolidated for the sake of brevity, present a single common question. That question is whether the two-year Statute of Limitations, in actions upon a statute for a forfeiture or penalty to the people of the State (Civ. Prac. Act, § 50), applies to these cases.

The actions herein were brought to recover the face amounts of six qualifying bonds, each in the amount of $5,000, given...

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