In re Chason

This is a motion by the committee of the person and estate of an incompetent to vacate and set aside an ex parte order made in June, 1934, discharging the committee.

Owing to the fact that the learned justice who made such ex parte order is now sitting in the Appellate Division, the motion cannot be referred to him, as otherwise it would be.

There is no question but that the primary, if not the sole, purpose of this application is to vitiate one of those deficiency judgments *540in foreclosure, which have recently been frequently criticized by the courts as unconscionable.

In this instance the…