People, etc., ex rel. Andrew Miller v Brian Riordan

People ex rel. Miller (Clarke) v Riordan 2006 NY Slip Op 05837 [31 AD3d 679] July 18, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

The People of the State of New York ex rel. Andrew Miller, on Behalf of Larry Clarke, Petitioner,
v
Brian Riordan, Respondent.

—[*1]Writ of habeas corpus in the nature of an application to reduce bail upon Kings County indictment No. 1502/06, or in the alternative, to allow the petitioner to reinstate an insurance company bail bond in the sum of $75,000.

Adjudged that the writ is sustained, without costs or disbursements, to the extent of allowing the petitioner to reinstate the insurance company bail bond in the sum of $75,000 already posted upon Kings County indictment No. 1502/06; in the event that the insurance company bail bond in the sum of $75,000 has not been exonerated and returned to the person who posted it, then the bond already posted upon Kings County indictment No. 1502/06 shall satisfy the $75,000 bail required. Schmidt, J.P., Mastro, Dillon and Covello, JJ., concur.