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MATTER OF PATINO v. PATINO

8 A.D.2d 90 (1959)

In the Matter of Cristina De Bourbon Patino, Respondent, v. Antenor Patino, Judgment Debtor. Peerless Insurance Company, Appellant

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

May 12, 1959.

Attorney(s) appearing for the Case

Alfred A. Marra of counsel (John G. Turnbull and Daniel J. Loughlin with him on the brief; Turnbull & Bergh, attorneys), for appellant.

Emanuel Lewis Greene of counsel (William Russell Bogert and Richard Heller with him on the brief; Patterson, Eagle, Greenough & Day, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN and M. M. FRANK, JJ., concur.

STEVENS, J.

In this consolidated appeal the surety appellant, herein called surety, appeals from (1) an order made and entered October 1, 1958, which directed that bail of $50,000, previously declared forfeited on September 30, 1958, be paid by the surety to the judgment creditor, herein called creditor; and (2) an order entered January 23, 1959, denying surety's motion to vacate an ex parte order amending the...

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