
    People v. Fitzpatrick et al.
    
    
      (Common Pleas of New York City and County, General Term.
    
    February 1, 1892.)
    Motion to vacate judgment entered on a forfeited recognizance against Francis J. Fitzpatrick, surety, and Frank A. Smith, principal.
    Argued before Bookstaver, Bischoff, and Pryor, JJ.
    
      John M. Tierny, for petitioner. Be Lancy Nieoll, for the People.
   Per Curiam.

On the former application it did not appear that the people had not beten prejudiced by the delay, but, as that fact is now made to appear by the papers submitted on this application, the motion is granted, the forfeiture remitted, and judgment directed to be vacated.  