Theodore W. Stemmler, Plaintiff, v. Mary W. Lillie and Others, Defendants. In the Matter of the Petition of Julia W. Porges, Respondent, Appellant, for an Order Directing the Chamberlain of the City of New York to Pay to Her Her Proportionate Share of the Fund Deposited with Him under Final Judgment in the Above-entitled Action, with Interest. Almerindo Portfolio, as Treasurer, etc., Appellant, Respondent

Theodore W. Stemmler, Plaintiff, v. Mary W. Lillie and Others, Defendants. In the Matter of the Petition of Julia W. Porges, Respondent, Appellant, for an Order Directing the Chamberlain of the City of New York to Pay to Her Her Proportionate Share of the Fund Deposited with Him under Final Judgment in the Above-entitled Action, with Interest. Almerindo Portfolio, as Treasurer, etc., Appellant, Respondent. [MAJORITY] Order modified by eliminating items 3 and 4 from the order of reference, and as so modified affirmed, without costs. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Cohn, JJ.; O’Malley and Untermyer, JJ., dissent and vote to reverse and dismiss the petition for the reasons stated in the dissenting opinion in Gerschon v. Travelers Insurance Co. (251 App. Div. 281).