People v. Williams — 246 N.Y. 621

Majority

p. 621

The People of the State of New York, Appellant, v. Marie Williams, Defendant, and Henry Karmel, Respondent.

Headnote

AppeoZ —• order of Appellate Division reversing order denying motion to vacate forfeiture of bail and granting motion — motion to dismiss appeal therefrom denied.

Reported below, 221 App. Div. 776 .

(Argued November 21, 1927;

decided November 29, 1927.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 24,1927, which reversed an order of the Orange County Court denying a motion to vacate an order forfeiting an undertaking of bail and granted said motion.

The motion was made upon the grounds that the order

p. 622

appealed from was made in a criminal action and, if appealable, the appeal therefrom should have been taken within thirty days; and that the order appealed from is not a final order and that permission to appeal had not been obtained.

Henry Hirschberg for motion.

Elmer H. Lemon, District Attorney, opposed.

Motion denied on the authority of People v. Young ( 92 Hun, 373 ; affd., 151 N. Y. 651 ).