Majority
p. 964In 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 Lawyers Westchester Mortgage and Title Company. In the Matter of a Plan of Readjustment, Modification or Reorganization of the Rights of the Holders of Mortgage Investments in a Certain Mortgage Guaranteed by Lawyers Westchester Mortgage and Title Company, and Designated as Issue No. 5-7902. In the Matter of the Application for Instructions as to Disposition to Be Made of Dividend Payment on Account of Claim Allowed on Guaranty. Frederick H. Hurdman and Others, Comprising the Firm of Hurdman & Cranstoun, Appellants; Oliver W. Birckhead and Others, as Successor Trustees for Series 5-7902 of Lawyers Westchester Mortgage & Title Company, William A. Davidson, Mt. Kisco National Bank & Trust Company, and Other Certificate Holders, Respondents.
Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 878.] The court certifies that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals. Present — Lazansky, P. J.. Johnston. Adel and Close, JJ.; Taylor, J,, not voting.