Proceeding pursuant to article 78 of the Civil Practice Act to require respondent, an Official Referee, to make and file a decision in an undefended matrimonial action. Proceeding dismissed, without costs, and without prejudice, if petitioner shall be so advised, to a further application for relief at Special Term. (Civ. Prac. Act, § 1287.)
Present—Nolan, P. J., Wenzel, Beldock, Ughetta and Klein-feld, JJ.