
    In the Matter of the Application, etc., of The City of New York, Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Public Park, Bounded by 155th (15th) Street, 29th (Bayside) Avenue, 159th Street, and 32d (Myrtle) Avenue, and for the Opening and Extending of 29th (Bayside) Avenue from 155th Street to 159th Street, and Other Streets Consolidated Therewith, in the Borough of Queens, City of New York. In the Matter of the Application of John P. Daly for Payment of Award Made for Damage Parcels Nos. 23, 24, 25 and 26 in the Proceedings to Acquire Title to Public Park Bounded by 155th (15th) Street, 29th (Bayside) Avenue, etc., in the Borough of Queens, City of New York. In the Matter of the Cross-Motion of Herman Jacobson, Frederick Prisco, E. Stewart Willey and Carl S. Heidenreich for Payment of Said Awards in Said Proceedings to Said Cross-Movants. John P. Daly, Petitioner-Appellant; Herman Jacobson, Frederick Prisco, E. Stewart Willey and Carl S. Heidenreich, Claimants-Respondents.
   Order granting petitioner’s motion for an order directing the comptroller to pay over to her the total balance of a condemnation award reversed on the law and the facts, with ten dollars costs and disbursements to each appellant, and motion denied, with ten dollars costs to each appellant. An application of this character must rest upon a deficiency judgment. This is a prerequisite. (Mathews v. Ropag Realty Corp., 246 App. Div. 764.) In the absence of such a deficiency judgment, the proceeds of the foreclosure sale must be deemed to have been in full satisfaction of the mortgage debt. (Civ. Prac. Act, § 1083-a.) Lazansky, P. J., Hagarty, Davis and Johnston, JJ., concur; Adel, J., concurs on the ground that the petitioner had no right to institute the proceeding without leave of the court. (Civ. Prac. Act, § 1078.)  