We are of the opinion that this proceeding is of such a nature that both sides of the question should have been presented before the Official Referee. As there was no opposition to the application herein, we return the proceeding to the Official Referee, and, under subdivision 7 of section 90 of the Judiciary Law, designate Hon. Frank S. Hogan, District Attorney of New York County, to oppose this application after making diligent inquiry into all the facts and circumstances...
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