Majority
p. 845In the Matter of the Application of Catherina Lauro, Appellant. Register of the City of New York, Respondent. Argued December 1, 1948; decided January 13, 1949.
p. 846
Thomas T. McVann and Robert E. Barnes for appellant.
John P. McGrath, Corporation Counsel (Morris R. Weitser, Harry E. O’Donnell and Reuben Levy of counsel), for respondent.
Orders reversed, with costs in all courts, and petition granted, upon the ground that, under the circumstances here presented, the register was required to accept and record the satisfaction of the mortgage in question and to cancel and discharge that mortgage' (Administrative Code, § 1052-9.0, subd. k). Section 321 of the Real Property Law, which became effective on September 1, 1948, has no application to the present case. No opinion.
Concur: LottgheaN, Ch. J., Lewis, Costway, Desmowd and Ftjed, JJ. Dye, J., dissents and votes to affirm.