Kiernan v. Consolidated Gas & Gasoline Engine Co.

Cropsey,

J. This court at Special Term has no right to review and modify or set aside the decision of a referee to hear and determine and the judgment entered thereon, upon any question affecting the merits. To do so would be in effect reviewing the referee’s decision. That can be done only upon appeal.

The decision of a referee appointed by this court to hear and determine has the same effect as the decision of a justice of this court. The court might send a report back to a referee for him *404to pass upon other requests to find, etc., where that was deemed to be proper. Fairman v. Brush, 60 Hun,…