
    In re TRAINOR.
    (Supreme Court, Appellate Division, First Department.
    May 20, 1910.)
    Appeal from Special Term, New York County. Application by Hugh F. Trainor for an order requiring Burton W. Gibson, an attorney, to pay over moneys received by him belonging to applicant. From an order apnointing a referee, an appeal was taken.
    Order modified and affirmed.
    Albert A. Wray, for appellant.
    Charles Strauss, for respondent.
   PER CURIAM.

The order appealed from should be modified, so as to direct the referee to take proof of the matters alleged in the answer, as well as the petition, and by directing the referee to report the evidence taken by him, and, as so modified, affirmed, with $10 costs and disbursements against the appellant.  