Order in so far as appealed from reversed upon the law, with ten dollars costs and disbursements. Defendant’s motion to vacate the judgment was properly granted upon the confirmation of the referee’s report in favor of defendant’s contention that he had never been served with the summons and complaint. The costs and expenses of the reference should be borne by plaintiff. Kelly, P. J., Rich, Manning, Kelby and Young, JJ., concur. Settle order upon notice.