
    (October 18, 1937.)
    Clinton Trust Company, as Trustee for Certificate Holders of Guarantee Number 185485 of the Bond and Mortgage Guarantee Company, Appellant, v. John Mahoney and Others, Defendants; Cornelius J. Murray and Bond and Mortgage Guarantee Company, in Rehabilitation, and Louis H. Pink, Superintendent of Insurance of the State of New York, as Rehabilitator of the Bond and Mortgage Guarantee Company, Respondents.
   Order denying plaintiff leave to enter a deficiency judgment in foreclosure affirmed, with ten dollars costs and disbursements. It has been held and seems to be the law in this State that a motion is “ made ” when it is returned in court and not when the notice is served. (Cleary v. New York State Railways, 199 App. Div. 28; Low v. Bankers Trust Co., 265 N. Y. 264.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.  