Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted and the County Treasurer of Suffolk County is directed to return the sum of $2,500 to the petitioner.
Since there was no competent proof of forfeiture, the petitioner was entitled to a return of his bail (see, CPL 540.10). Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.