In the Matter of the Application of Home for Old Men and Aged Couples, Petitioner, Respondent, for an Order Pursuant to Section 1077-c of the Civil Practice Act Directing the Payment to It as Mortgagee of the Surplus over and above the Taxes, Interest and All Other Carrying Charges Produced by the Property Known as No. 2 East 110th Street, City, County and State of New York. Joseph L. Rosenbaum, Appellant, Mary B. Slevin, Respondent

In the Matter of the Application of Home for Old Men and Aged Couples, Petitioner, Respondent, for an Order Pursuant to Section 1077-c of the Civil Practice Act Directing the Payment to It as Mortgagee of the Surplus over and above the Taxes, Interest and All Other Carrying Charges Produced by the Property Known as No. 2 East 110th Street, City, County and State of New York. Joseph L. Rosenbaum, Appellant, Mary B. Slevin, Respondent. [MAJORITY] Order unanimously reversed, with twenty dollars costs and disbursements, and motion to vacate order dated June 3, 1936, and entered June 4, 1936, granted, and the matter remitted to Special Term to be determined on the merits. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.