June 27, 1950.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [ 197 Misc. 97.]
The Banking Law (§ 105, subd. 4) expressly provides that the Superintendent of Banks and the Banking Board may authorize the opening of a branch bank in an unincorporated village. The finding that the area in question, outside of the village of Kenmore, was an unincorporated village, is supported by law and the facts. The ultimate determination complained of was made after an investigation which conformed to statutory direction, and there is no evidence to support the claim of appellant that it is arbitrary and capricious. Determination unanimously confirmed, without costs.