Majority
p. 838In the Matter of Raymond Syzmanski, Petitioner, against Frank E. Johnson, as Official Referee of the Supreme Court, Respondent.
Proceeding pursuant to article 78 of the Civil Practice Act to require respondent, an Official Referee, to make and file a decision in an undefended matrimonial action. Proceeding dismissed, without costs, and without prejudice, if petitioner shall be so advised, to a further application for relief at Special Term. (Civ. Prac. Act, § 1287.)
Present—Nolan, P. J., Wenzel, Beldock, Ughetta and Klein-feld, JJ.