Majority
p. 1043In the Matter of a Proposal or Plan for the Readjustment, Modification or Reorganization of the Rights of All the Holders of Mortgage Investments in a Certain Mortgage Covering Premises Situated at the North Side of Oakley Avenue, 130.33 Feet East of Westchester Avenue in the City of White Plains, County of Westchester, State of New York, Guaranteed by Westchester Title & Trust Company and Designated as Mortgage No. 7905 of Such Company. In the Matter of the Application of Hurlbert McAndrew, as Committee of the Property of Winton T. Fairchild, an Incompetent Person, for an Order Vacating and Setting Aside a Certain Order Herein, Dated May 18, 1936, and Filed May 19, 1936, Approving a Certain Plan Dated December 10,1935, and Appointing Walter W. Westall, Owen A. Mandeville and William W. Post, Trustees Thereunder, Appellant; Walter W. Westall, Owen A. Mandeville and William W. Post, as Trustees under Said Plan; Superintendent of Insurance of the State of New York; Green-Wood Cemetery; 3-5 Franklin Avenue, Inc., Respondents.
— In a proceeding to vacate an order approving a plan of reorganization of mortgage investments and appointing trustees, on the ground that the court lacked jurisdiction of the subject-matter of the proceeding, order denying the motion affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell and Close, JJ., concur; Adel, J., not voting.