In re Muller

O’Malley, J. (dissenting).

The discretion vested in the court under the provisions of section 475 of the Judiciary Law and section 1492 of the Civil Practice Act seems to us to have been properly exercised. The appellant attorney opposed sending the matter to an official referee and thus avoiding payment of fees. The respond- , ent asked specifically that the matter be referred to an official referee.

In the case of Ward v. Ward (67 App. Div. 121), relied upon by the appellant, all costs were imposed upon the successful party.

In Couch v. Millard (41 Hun, 212) costs were awarded to both parties…