Opinion
Argued December 1, 1948
Decided January 13, 1949
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
Thomas T. McVann and Robert E. Barnes for appellant.
John P. McGrath, Corporation Counsel ( Morris R. Weitzer, 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: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and FULD, JJ. DYE, J., dissents and votes to affirm.