Majority
p. 901The People of the State of New York, Appellant, v. Thomas P. Enright, Principal, Defendant. Continental Casualty Company, Surety, Respondent.
—■ Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied. See People v. Levy ( 169 App. Div. 571 ) and People v. Cohen ( 229 App. Div. 515 .) The mere fact that after a fugitive is captured or surrenders he is acquitted upon trial does not of itself prove that the People lost nothing by his failure to appear. Settle order on notice. Present —Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.