Mackenzie v. Marine Midland Trust Co.

Order denying appellant’s motion to disapprove the referee’s report, dated April 14, 1934, reversed upon the law, without costs, and matter remitted to the Special Term to pass upon the referee’s report, considering said report as an aid to the court in determining the motion made by the receiver to settle her accounts. (Baff v. Elias, 152 App. Div. 226.) In our opinion, the court was without power to refer the matter in question to the official referee to hear and determine. The order should have been made to hear and report, and we so consider it in malting this decision. The appeal from…