Appellate Division of the Supreme Court of New York, 1963

In re the Intermediate Accounting of Security Trust Co.

In re the Intermediate Accounting of Security Trust Co.
Appellate Division of the Supreme Court of New York · Decided October 31, 1963
19 A.D.2d 853; 244 N.Y.S.2d 61; 1963 N.Y. App. Div. LEXIS 3021
In re the Intermediate Accounting of Security Trust Co.

Opinion of the Court

Orders unanimously affirmed, without costs of this appeal to any party. Memorandum: Special Term achieved the correct result but we do not adopt its language or reasoning. The order of reference herein was not a reference to hear and determine but rather one to hear and report. The court retained its supervisory control over the Referee and the proceedings. The record warranted a finding of vexatious delay, obstruction and frustration upon the part of the objector. (Appeal by Janet T. Ingersoll from order of Monroe Special Term dismissing the respondent’s objections to accounts of the trustees; also, appeal from order denying motion to vacate above order.) Present- — Williams, P. J., Bastow, Goldman and McClusky, J J.

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