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Matter of EBIC Ins. v. Moore

No Grounds Stated to Waive One-Year Limitations Period to Vacate Forfeiture, Remit Bail

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DECISION ON MOTION

*1 Application to vacate the forfeiture and the remission of bail, for EBIC Insurance Company, by its agent in fact and Surety agent Empire Bail Bonds, is determined as hereinafter provided. The defendant, Kane Moore, was arrested on October 13, 2015 and charged with Aggravated Criminal Contempt under Penal Law §215.52 and Assault in the Third Degree under Penal Law §120.00. Defendant was arraigned before a Nassau County District Court Judge and bail was set in the amount of $2,000.00 bond over $1,000.00 cash. On October 19, 2015 Empire Bonding and Insurance Company (EBIC) posted the $2,000.00 bond to secure the defendant, Kane Moore’s release.On December 1, 2015 the defendant failed to appear at a regularly scheduled court calendar date before another judge of the Nassau County Court. That judge stayed the bench warrant until December 11, 2015. On that date the defendant once again failed to appear and a bench warrant was issued forthwith. However, forfeiture of the bail bond was stayed until January 5, 2016, when the matter was transferred before this Court. On January 6, 2016, this Court signed an Order forfeiting bail and on January 11, 2016 a certified copy of that Order was forwarded to EBIC, together with a letter from the

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