Order reversed insofar as appealed from, with $10 costs and disbursements.
Although the point is not raised by the parties, a reference to hear and determine is appealable (Davidson v. Sterngass, 279 App. Div. 875) and we find that the separate hearing herein ordered was a reference to hear and determine. Since the order appealed from denied the motion to vacate the appointment of a receiver, it was an improper exercise of discretion for Special Term to order...
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