Majority
p. 826In the Matter of The Bank of United States, in Liquidation. In the Matter of the Application of The Superintendent of Banks, Respondent, for a Determination of Priority of Payment of Claims Pursuant to Section 78 of the Banking Law, Claim of Ann Moore, Committee of Estate of John Moore, Appellant.
Order affirmed, with ten dollars costs and disbursements. Present — Finch, P. J., Martin, O’Malley, Sherman and Townley, JJ.; Finch, P. J., and Sherman, J., dissent and vote to reverse and grant priority on the ground that here the funds were deposited pursuant to the order of the court.