In the Matter of the Application of The Emigrant Industrial Savings Bank, Respondent, for an Order Pursuant to the Provisions of Section 1077-c of the Civil Practice Act, Directing the Payment of Surplus Income of the Premises 240-242 Columbus Avenue, in the Borough of Manhattan, City of New York, to Said Applicant to Apply Toward Reduction of Past Due Principal of the Mortgage Held by It, and for Permission to Foreclose Its Mortgage. Rose D. Kyle and Another, Individually and as Executors, etc., of John M. Kyle, Deceased, Appellants

In the Matter of the Application of The Emigrant Industrial Savings Bank, Respondent, for an Order Pursuant to the Provisions of Section 1077-c of the Civil Practice Act, Directing the Payment of Surplus Income of the Premises 240-242 Columbus Avenue, in the Borough of Manhattan, City of New York, to Said Applicant to Apply Toward Reduction of Past Due Principal of the Mortgage Held by It, and for Permission to Foreclose Its Mortgage. Rose D. Kyle and Another, Individually and as Executors, etc., of John M. Kyle, Deceased, Appellants. [MAJORITY] Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.