Edward Caldwell, as Sole Surviving Executor, etc., of Harry Hudson Baker, Deceased, Plaintiff, v. Frank C. Baker, Defendant

Edward Caldwell, as Sole Surviving Executor, etc., of Harry Hudson Baker, Deceased, Plaintiff, v. Frank C. Baker, Defendant. [MAJORITY] We think that section 1001 of the Code of Civil Procedure contemplates a hearing upon a case and exceptions, settled and signed by the judge or by the referee. (Green v. Roworth, 4 Misc. Rep. 141; Raynor v. Raynor, 94 N. Y. 251; 3 Nichols N. Y. Pr. 2726; 2 Rumsey Pr. 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. Present — Jenks, P. J., Hirsehberg, Burr, Woodward and Rich, JJ. General Rules of Practice, rule 43.— [Rep.