In re the Dissolution of Mayflower Dress Co.

Appellate Division of the Supreme Court of New York

In re the Dissolution of Mayflower Dress Co.

46 A.D.2d 630, 360 N.Y.S.2d 3, 1974 N.Y. App. Div. LEXIS 3942

Appellate Division of the Supreme Court of the State of New York·Decided October 17, 1974·Published

Opinion

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.

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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.

In re the Dissolution of Mayflower Dress Co., 46 A.D.2d 630, 360 N.Y.S.2d 3, 1974 N.Y. App. Div. LEXIS 3942 (N.Y. Ct. App. 1974).

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