In re Cullinan

Giegerich, J.:

I consider the prospect of a reversal of the order appealed from so slender as not to warrant a stay of the hearings before the referee. Besides, such a proceeding as this is intended to be summary (Lyman v. Erie County Athletic Club, 46 App. Div. 387, 394, affd. 163 N. Y. 552), and if delay is permitted the purpose of the statute is defeated. If any stay is to be granted it should be upon the coming in of the referee’s report and not now.

Motion denied, without costs.