Majority
p. 753In the Matter of the Application of Louis H. Pink, Superintendent of Insurance of the State of New York, as Rehabilitator of Bond and Mortgage Guarantee Company, Appellant, for a Peremptory Order of Mandamus against John N. Harman, County Clerk of Kings County, Respondent.
Order denying appellant’s motion for a peremptory order of mandamus directing respondent to file in his office, without the payment of any fee, a certain transcript of judgment affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Young, Adel and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent upon the ground that the transcript of judgment is within the exemption of section 416 of the Insurance Law.