Majority
p. 965In the Matter of the Application of P. Walker Morrison, Lazarus Joseph and Leon Leighton, Respondents, as Trustees under a Declaration of Trust Dated the 27th Day of March, 1936, and a Plan of Reorganization for Series B-K Mortgage Investments, Approved by an Order of the Supreme Court of the State of New York, Entered on the 19th Day of December, 1935, for an Order Directing Warwick Hall, Inc., Appellant, to Make Available to Said Trustees All Records and Data with Respect to Income and for an Order Directing the Payment of Surplus Income, or Such Part Thereof as the Court May Determine, to Said Trustees, Said Payment to Apply Toward Past Due Installments of Principal on the First Mortgage Covering the Premises Located at 275 Linden Boulevard, Brooklyn, New York, and owned by Warwick Hall, Inc., Pursuant to the Provisions of Section 1077-c of the Civil Practice Act.
Matter referred to Hon. James C. Van Sielen, official referee, to take proof as to the validity of the alleged $80,000 indebtedness of the corporation to Joseph Wien, its president, and to report thereon to this court. Pending the coming in of the report the determination of the appeal is held in abeyance. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.