Opinion
December 15, 1958
Present — Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.
In a proceeding to restrain and prohibit a Referee, appointed by an Acting Surrogate, from proceeding with the reference, the appeal is from so much of an order as dismissed the proceeding. The application to prohibit the Referee from acting was made on the ground that the order appointing him is a nullity. Order insofar as appealed from unanimously affirmed, with costs. No opinion