PEOPLE v. MIDLAND INS CO


97 Misc.2d 341 (1978)

The People of the State of New York, Plaintiff, v. Midland Insurance Company, Surety.

Supreme Court, Trial Term, Bronx County.

December 5, 1978


Attorney(s) appearing for the Case

James M. Newman for surety. Mario Merola, District Attorney (Robert J. Carlucci of counsel), for plaintiff.


WILLIAM KAPELMAN, J.

The surety moves for remission of forfeiture of bail pursuant to CPL 540.30 on the ground that the principal is deceased and the indictment has been abated by death. In addition, the indemnitor on the bail bond alleges that he will suffer severe hardship if the collateral on the bail bond is not returned to him.

On August 15, 1977, the surety posted bail for the appearance of the...

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