Majority
p. 743In the Matter of Jacob B. Lindner, Respondent, to Determine and Fix His Attorney’s Lien in the Action of Samuel Margules, Plaintiff, v. Saratoga Plumbing & Heating Co., Inc., Defendant. Samuel Margules, Appellant.
Order confirming report of official referee modified by striking out the last paragraph thereof directing the continuance of the action, and as modified affirmed, with ten dollars costs and disbursements. Since the respondent makes no claim beyond his share of the settlement, the direction struck out was improper and unnecessary. Order of reference affirmed, without costs. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.