Opinion
February Term, 1896.
Present — Van Brunt, P.J., Barrett, Rumsey, Williams and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion denied with ten dollars costs. —
We are of opinion upon the facts as they appear in the affidavits, that at the time when the plaintiff gave her notice electing to terminate the reference, the cause was not finally submitted to the referee within the meaning of section 1019 of the Code of Civil Procedure. The order should be reversed with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.