Majority
p. 630(October 17, 1974) In the Matter of the Dissolution of Mayflower Dress Co., Inc. Appellant. Charles Meltzer et al., Respondents.
Order, Supreme Court, New York County, entered July 29, 1974, unanimously modified, on the facts and the law, to refer the petition to a Special Referee of the Supreme Court rather than a private referee, and except as so modified, affirmed, without costs and without disbursements. A private referee may be appointed in-the circumstances present only upon consent (Werner v. Jocelyn-Varn Oil Co., 30 A D 2d 648 ; Brooksj, Hampton, Levy and Walker, Inc. v. Balaban, 22 A D 2d 679 ). The evidence of consent is too tenuous to survive denial. Concur1— Nunez, J. P., Murphy, Steuer and Lane, JJ.