In re Lynch

Order reversed on the law, with ten dollars costs and disbursements, on the ground that a justice of the Supreme Court before whom a proceeding under section 173-a of the Tax Law is pending may not grant an order of reference for the purpose of taking evidence and report as to the matters set forth in the petition and papers filed in opposition thereto, but is required under the section to determine the matter summarily. Hill, P. J., Rhodes, McNamee, Crapser and Hefiernan, JJ., concur.