In re Schmidt

Order denying motion for a peremptory mandamus order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. Section 44-c of the State Finance Law is not in conflict with section 136 of the Civil Practice Act. It merely provides what the depository may do with court funds when the court directing the deposit fails to exercise its permissive power to direct that the funds be held in specie or invested in a particular form. The State Finance Law section merely supplements section 136 of the Civil Practice Act in a field where the court has refrained from…