WASSON v. KOWSKY

In an action to foreclose a mortgage, order confirming report of official referee and denying appellant's motion for a stay unless he makes certain payments, affirmed, with ten dollars costs and disbursements. While ordinarily the testimony before the referee should be submitted to the court, its absence was not fatal because it is admitted that the opposing affidavits stated the essential facts. Close, P.J., Hagarty, Carswell, Johnston and Adel, JJ., concur.