101 Misc. 386 | N.Y. Sur. Ct. | 1917
This is a motion to remit to a referee his report for the purpose of separately stating his findings of fact and conclusions of law and for the purpose of requiring .him to note on the margin of the requests to find his disposition thereof. Although the referee has not separately entitled the findings of fact and conclusions of law, an examination of the report shows that such findings and conclusions are separately stated and numbered and, in my opinion, comply with section 1023 of the Code of Civil Procedure.
As to the second point, the question is whether section 2541 of the Code of Civil Procedure, which authorizes a surrogate to dispense with findings, applies to a surrogate’s referee. In my opinion section 2541 of the Code of Civil Procedure does not abrogate the provisions of section 1023 of the Code of Civil Procedure (made applicable to surrogates’
Decreed accordingly.