Majority
p. 754In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance of the State of New York, for an Order to Take Possession of the Property of and Rehabilitate the New York Title and Mortgage Company. In the Matter of the Application of Thomas C. Stephens and Others, Certificate Holders and Representatives of Certificate Holders, Respondents, for Their Appointment as Trustees for the Investors in Series N-30 of Said New York Title and Mortgage Company in Rehabilitation. George S. Van Schaick, Superintendent of Insurance of the State of New York, as Rehabilitator of the New York Title and Mortgage Company, Appellant.
Final order reversed, with costs and disbursements to the appellant, Superintendent of Insurance of the State of New York, as rehabilitator, etc., and the petition dismissed, on the authority of Matter of New York Title & Mortgage Co. ( 241 App. Div. 351 ). Settle order on notice. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.