
    CALDWELL v. BAKER.
    (Supreme Court, Appellate Division, Second Department.
    May 1, 1912.)
    Action by Edward Caldwell, as sole surviving executor, etc., of Harry Hudson Barer, deceased, against Frank C. Baker.
   PER CURIAM.

We think that section 1001 of the Code of Civil Procedure contemplates a learing upon a case and exceptions, settled and signed by the judge or by the referee. Green v. Roworth, 4 Misc. Rep. 141, 23 N. Y. Supp. 777; Raynor v. Raynor, 94 N. Y. 251; Nichols’ N. Y. Practice, vol. 3, p. 2726; Rumsey’s Practice, vol. 2, p. 510. The case presented must be printed (rule 43), and we see no special reason for a dispensation in this instance. As the purpose of the procedure prescribed by the said section is said to be facilitation of the proceedings and possibly the saving of the expenses of a reference, in that this court might upset the interlocutory decree (Nichols, supra; Church v. Kidd, 3 Hun, 263), the court will upon a proper showing stay the proceedings before a referee. But the motion papers presented do not justify such an order in this case. Motion denied, without costs.  