CARRETTA v. EVANS

Appeal from resettled order referring plaintiff's motion for a deficiency judgment in an action for the foreclosure of a mortgage to an official referee to take evidence and report, with his opinion, dismissed, without costs, on the ground that it is not appealable. ( Luttenberger v. Alpert Woodworking Corp., 252 App. Div. 862; Warshow v. Herron, 254 id. 699.) The entry of a deficiency judgment may not be upheld, in view of our decision in Clinton Trust Company v. Mahoney ( 252 App. Div. 763). Lazansky, P.J., Hagarty, Carswell, Davis and Taylor, JJ., concur.