In re the Probate of the Will of Moody , 205 N.Y.S.2d 861 ( 1960 )

— The issues as to whether the order was duly served and the date of service are referred to Honorable James T. Hallinan., Official Referee, for hearing and report, together with his recommendation. The motion to compel acceptance of the notice of appeal will be held in abeyance pending receipt of the report. Beldoek, Acting P. J., Christ, Pette and Brennan, JJ., concur.