i made a custom module where i pull the whole comments into a block:
//load form+all comments
$block['content'] = comment_node_page_additions($node);
when i go to the forums where i do not use a block: http://screensnapr.com/v/NOoUrp.png
as you can see the position of the comment notify elements are different.
the element once was at the bottom, is there any mening in moving it up?
comment_modify.moule line 111, controls the weight. if you for example set it to 19, the elements will be back at the bottom.
// If you want to hide this on your site see http://drupal.org/node/322482
$form['notify_settings'] = array(
'#weight' => 0,