Majority
p. 924James J. Marett, as Receiver of the Property of Philip C. P. Toale, Appellant, v. John Rogan, Respondent.
Action brought, pursuant to section 994 of the Penal Law, to recover moneys of the judgment debtor, of whose property plaintiff is receiver, alleged to have been paid for wagers lost to the defendant. Judgment for defendant, dismissing the complaint on the merits, unanimously affirmed, with costs. In our opinion the proof failed to show that a single check was given by the judgment debtor in payment of a wager. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.