In re the Estate of Kina

Edward S. Silver, S.

Polish distributees herein move to reject the report of the Referee who recommended that their shares of the estate be deposited with the Director of Finance of the City of New York for their benefit under the provisions of section 269-a of the Surrogate’s Court Act. The Public *599Administrator moves to confirm the report. The distributees contend: (1) that the Referee could not report as he did unless he found as a fact that the situation in Poland had changed since Matter of Tybus (28 Misc 2d 278) was decided in 1961; (2) that Matter of Tybus is stare decisis and that the…