
    SHUBERT v. LAUGHLIN et al.
    (Supreme Court, Appellate Division, First Department.
    December 11, 1908.)
    Appeal from Order Entered on Report of Referee. Action by Lee Shubert against John Laughlin and another. From an order confirming a referee’s report, defendant Charles O. Maas appeals. Modified and affirmed. See, also, 122 App. Div. 701, 107 N. Y. Supp. 708. J. N. Tuttle, for appellant. N. G. Goldberger, for respondent Shubert. B. Cole, for respondent Laughlin.
   PER CURIAM.

The order appealed from should be modified, by directing that the matter be sent back to the referee to determine the amount of the disbursements and commissions of Receiver Maas, and that on the coming in and confirmation of that report the plaintiff pay to the receiver the amount of such commissions and disbursements so found. As so modified, the order should be affirmed, with $10 costs and disbursements to the appellant, Maas, against the respondent Shubert.  