Opinion
July 10, 1967
Order and judgment (one paper) of the Supreme Court, Kings County, dated January 17, 1967, modified on the law and the facts: (1) by reducing the Referee's fee to $5,000; (2) by directing that one half of the fees of the Referee, the accountant designated by him (Heller) and the hearing reporter (Doyle Reporting, Inc.) be paid by Susan Weber and George Weber and one half by Neil Kolodney; and (3) by further directing that the aforesaid fees payable by Susan Weber and George Weber be paid out of the Halpern and Blue Special Account. As so modified, order and judgment affirmed, insofar as appealed from, without costs. We find no basis, on the record presented, for disturbing the account as found by the Referee and as modified by the Special Term. It is our opinion, however, that the amount awarded to the Referee was excessive and that his fee should be reduced to $5,000; and that the expenses of the reference should be borne equally by both sides (cf. Matter of Cross Props. [ Gimbel Bros.], 15 A.D.2d 908). Beldock, P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.