Opinion
March 17, 1943.
Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.
Order reversed on the law, without costs of this appeal to either party, and matter remitted to the Official Referee to make and file with the Special Term his report upon the issues. Memorandum: While the order of reference was in terms one to hear and determine the issues in this contempt proceeding, it can only be regarded as one to hear and report. The power to punish for contempt being in the court and not in the official referee, only the Special Term could find the appellant in contempt and fix punishment. (Judiciary Law, §§ 759, 770, 772.) All concur. (The order denies plaintiff's motion for a reduction of alimony and grants defendant's motion ordering plaintiff in contempt for failure to pay alimony.)