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PEOPLE v. EMPIRE BONDING

Ind. No. 1833/16. Appeal No. 13886. Case No. 2020-02829.

196 A.D.3d 21 (2021)

147 N.Y.S.3d 44

2021 NY Slip Op 03120

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMPIRE BONDING & INSURANCE Co., Appellant, et al., Defendant.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Metcalf & Metcalf, P.C., New York City ( Nanette Ida Metcalf of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patricia J. Bailey and John T. Hughes of counsel), for respondent.

MANZANET-DANIELS, MAZZARELLI and MENDEZ, JJ., concur.

OPINION OF THE COURT

In this special proceeding brought pursuant to CPLR 5015 by a surety of a defendant in a criminal case, the dispositive question is whether a surety is procedurally precluded from moving to vacate a judgment of bail forfeiture as untimely made. The People argue that the application is precluded because...

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