Order modified, on the law and the facts, by deleting subdivision (a) of the second decretal paragraph thereof and adding thereto a provision directing petitioner to assign to appellant-respondent its rights in an $11,145 deposit posted with the Spring Valley Water Company. As so modified, order affirmed, without costs.
This determination is without prejudice to any application at Special Term with respect to the $1,000 award to the Referee which has been deleted...
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