Rector of St. Andrew's Church v. Van Nosdall

Majority

p. 981

The Rector, Wardens and Vestrymen of St. Andrew’s Church, in the Village of Walden, County of Orange, and State of New York, Respondent, v. Caroline Van Nosdall, Appellant.

We think that a compulsory reference in this case is not only not authorized (Code Civ. Proc. § 1013), but is expressly forbidden. (Id. § 968.) The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and tlie motion denied, with costs. Hirschberg, P. J., Woodward Burr, Ricli and Miller, JJ,, concurred.