(Supreme Court, Appellate Division, First Department.
June 21, 1901.)
Proceedings by the people of the state of New York against Patrick McKenna, impleaded with Wil-" liam Baker, on a forfeited recognizance. From an order denying a motion to vacate a judgment in favor of plaintiff, and to set aside an execution issued thereon, defendant McKenna appeals.
Reversed.
Robert O. Taylor, for appellant.
'C. E. Le Barbier, for the People.
The question presented on this appeal is precisely the same as the one presented in the case of People v. McKenna (decided herewith) 70 N. Y. Supp. 1057, and for the reasons given in the opinion in that case the order appealed from must be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.
PATTERSON, J., concurs. LAUGHLIN, J., concurs in result. INGRAHAM and HATCH, JJ., dissent.
70 N.Y.S. 1146
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