Majority
p. 894James J. Marett, as Receiver of the Property of Philip C. P. Toale, Appellant, v. Harry O’Connell, Respondent.
Action under section 994 of the Penal Law to recover moneys alleged to have been lost by plaintiff’s judgment debtor on a series of wagers on the outcome of horse races. Judgment for defendant unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.