Majority
p. 1025
In the Matter of the Application of Louis H. Pink, as Superintendent of Insurance of the State of New York, as Liquidator of New York Title and Mortgage Company, Respondent, for an Order Directing Winside Holding Corporation, Appellant, Owner of Premises No. 31-35 Winthrop Street, Brooklyn, N. Y., in the County of Kings, to Make Available All Records and Data Pertaining to the Income and Disbursements of the Said Premises, and to Pay the Surplus Income, if Any, to the Petitioner, to Be Applied Toward the Payment of the Past Due Principal of Petitioner’s Mortgage Covering Said Premises Pursuant to the Provisions of Section 1077-c of the Civil Practice Act. (Proceeding No. 1. For Six Months Ending August 31, 1938. Proceeding No. 2. For Six Months Ending February 28, 1939.)
Proceedings under section 1077-e of the Civil Practice Act to direct payment, in reduction of past due principal of mortgage, of the surplus, if any, produced by mortgaged property. Orders denying appellant’s motions to vacate notices of hearing before an official referee and to deny petitioner’s applications to pay over surplus income and to vacate orders of reference affirmed, with one bill of ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.