
    KELLAS, Respondent, v. ST. ANDREW’S ROMAN CATHOLIC CHURCH OF NORWOOD et al., Appellants.
    (Supreme Court, Appellate Division, Third Department.
    December 30, 1912.)
    Action by Leroy M. Kellas, as trustee in bankruptcy for Patrick J. Murtagh, against the St. Andrew’s Roman Catholic Church of Norwood, N. Y., and another.
   PER CURIAM.

Order construing the order of reference reversed, without costs to. either party, and judgment vacated, and matter remitted to the Special Term, to pass upon the report of the referee. Matter may lie brought before the special term by motion for confirmation thereof.

HOUGHTON, J.,

dissents, on the ground that, the order of reference having been made upon stipulation of the parties without intervention of the court, in pursuance of section 1011 of the Code of Civil Procedure, it could have been only to hear and determine. BETTS, J., dissents, and votes for affirmance of the judgment, with costs, and that the order construing the order of reference be affirmed, without costs, and the appeal from the ex parte order be dismissed, without costs.  