Majority
p. 702In the Matter of Supplementary Proceedings: Betty Crosney, as Administratrix with the Will Annexed of Sam Bernard, Deceased, Judgment Creditor, Appellant, v. Armin H. Mittlemann, Judgment Debtor, Impleaded with Thomas Keogh, Third Party, Respondent.
Order unanimously reversed, without costs, and the matter remitted to the Hon. James A. O’Gorman, official referee, to hear and report to the court at Special Term on the question whether the third party received and held the moneys disbursed by him as agent of the judgment debtor or as agent of the assignees, and the motion to punish for contempt to be then determined by the Special Term. No opinion. Present — Martin, P. J., O’Malley, Townley and Glennon, JJ.