In a proceeding to restrain and prohibit a Referee, appointed by an Acting Surrogate, from proceeding with the reference, the appeal is from so much of an order as dismissed the proceeding. The application to prohibit the Referee - from acting was made on the ground that the order appointing him is a nullity. Order insofar as appealed from unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.
Shearn v. Reich
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1958-12-15
Citations: 7 A.D.2d 744, 181 N.Y.S.2d 198, 1958 N.Y. App. Div. LEXIS 3866
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