Opinion
June 27, 1968
Order, entered on March 18, 1968, in this article 77 proceeding for the judicial settlement of a trustee's account, unanimously modified, on the law and the facts and as a matter of discretion, to the extent of vacating so much thereof as appoints a private referee, and, as so modified, affirmed, without costs and without disbursements to any party. A private referee should not have been appointed without consent ( Werner v. Jocelyn-Varn Oil Co., 30 A.D.2d 648; Matter of Wilder v. Straus-Duparquet, 5 A.D.2d 1; Sheean v. Allen, 19 A.D.2d 595; Matter of Cross, 25 A.D.2d 645).
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and Macken, JJ.