In re the People — 254 A.D. 778

Majority

p. 778

In 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 Westchester Title & Trust Company. In the Matter of a Plan of Readjustment, Modification and Reorganization of the Rights of the Holders of Mortgage Investments in a Group of Mortgages Guaranteed by Westchester Title & Trust Company and Designated as Series 21-E. Orie R. Kelly and Anthony J. Kerin, Two Retiring Trustees, Appellants.

Order settling account of trustees appointed on behalf of mortgage certificate holders, in so far as appealed from, affirmed, without costs. An examination of the record discloses that these appellants, who served as trustees in response to a request to assume that obligation as a public service and without compensation, discharged their duties with commendable diligence and ability in every respect. In our opinion, they were in no way responsible for the failure to rehabilitate and to satisfy arrearages of taxes, requiring money which was not available. That conclusion, however, cannot serve as a basis upon which this court may predicate a determination expunging from the record the criticism expressed by a justice in a collateral proceeding involving permission to sell the premises, wherein the conduct of the trustees was under scrutiny, even though we believe such criticism to have been unjustified.' Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.