
    Leopold Brand, Appellant, v. Frank Hasbrouck, as Superintendent of Insurance of the State of New York, Respondent.
    Ho written notice of this accounting proceeding ordered against the receiver was given to the surety on the receiver’s official bond under Code of Civil Procedure, section 715, which requirement means a notice in writing. (Erving v. Mayor, etc., 131 N. Y. 133.) Hence the accounting proceedings, and the referee’s findings, with the orders of the court, made thereon, as against the surety, had no effect. (Stratton v. City Trust, Safe Deposit & S. Co., 86 App. Div. 551.) The evidence of the receiver’s default and misfeasance, being based only on these accounting proceedings, left the complaint totally unsupported as to the surety, so that it was rightly dismissed. The judgment is, therefore, affirmed, with costs,
   Jenks, P. J., Thomas; Carr, Stapleton and Putnam, JJ., concurred.  