Opinion
October 17, 1974
Order, Supreme Court, New York County, entered July 29, 1974, unanimously modified, on the facts and the law, to refer the petition to a Special Referee of the Supreme Court rather than a private referee, and except as so modified, affirmed, without costs and without disbursements. A private referee may be appointed in the circumstances present only upon consent ( Werner v. Jocelyn-Varn Oil Co., 30 A.D.2d 648; Brooks, Hampton, Levy and Walker, Inc. v. Balaban, 22 A.D.2d 679). The evidence of consent is too tenuous to survive denial.
Concur — Nunez, J.P., Murphy, Steuer and Lane, JJ.