Majority
p. 753In the Matter of the Application of Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Consolidated Indemnity and Insurance Company, Appellant, for a Peremptory Order of Mandamus against Charles E. Ransom, County Clerk of the County of Nassau, Respondent.
Order denying appellant’s motion for a peremptory order of mandamus directing respondent to file in his office, without the payment of fees therefor, a certain proposed judgment roll, affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Young, Carswell, Davis and Taylor, JJ., concur; Lazansky, P. J., dissents upon the ground that the proposed judgment roll is within the exemption of section 416 of the Insurance Law.