Majority
p. 781In the Matter of the Application of George S. Van Schaick, Superintendent of Insurance of the State of New York, as Rehabilitator of State Title and Mortgage Company, Appellant, for a Peremptory Order of Mandamus against Aaron L. Jacoby, Register of Kings County, Respondent,[1]
—Order denying application for a peremptory mandamus order affirmed, with costs, as a matter of law and not in the exercise of discretion, on authority of Matter of People by Van Schaick (National Title Guaranty Co.; Jacoby) (ante, p. 692). Young, Kapper, Hagarty and Davis, JJ., concur; Lazansky, P. J., dissents.