Silberfeld v. Swiss Bank Corp.

— In an action for an accounting, appeal from an order of an Official Referee, entered upon rulings made by him in the course of the taking of an account, pursuant to a reference in an interlocutory judgment, dismissed, with one bill of ten dollars costs and disbursements to respondent. The time of appellants to comply with the direction of the 885 Official Referee is extended until ten days after the entry of the order hereon. An appeal does not lie from rulings made in the course of a trial or a hearing before a referee. (Sirota v. Masterbilt Homes Inc., 265 App. Div. 881; Fine v. Cummins, 260 App. Div. 569.) In any event, the order of proof on such a trial or hearing and the stage at which defenses shall be made the subject of a ruling are all within the discretion of the trial court or referee. Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.