Majority
p. 744In the Matter of Dorothea A. Shearn, as Executrix of Clarence J. Shearn, Deceased, Appellant, against Sidney H. Reich, Respondent.
In a proceeding to restrain and prohibit a Referee, appointed by an Acting Surrogate, from proceeding with the reference, the appeal is from so much of an order as dismissed the proceeding. The application to prohibit the Referee - from acting was made on the ground that the order appointing him is a nullity. Order insofar as appealed from unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.