Opinion
May 16, 1949.
The People of the State of New York appeal from an order granting the motion of respondent surety, reducing the obligation of an undertaking, and directing the city comptroller to return to the surety the amount paid by it in excess of the reduced amount. Order of the County Court, Kings County, reversed on the law and the facts, without costs, and the motion denied, without costs. Consideration of all factors leads to the conclusion that remission of the forfeiture was an improvident exercise of discretion. The willful default herein, and the effect thereof, tending, as it does, to bring the administration of justice into disrepute, may not be disregarded. ( People v. Rigby, 293 N.Y. 912; People v. Schwarze, 168 App. Div. 124, 126; People v. Licenziata, 230 App. Div. 358, affd. 256 N.Y. 534; People v. Angolette, 267 App. Div. 996.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.