Order modified, on the law, by deleting the second and third decretal paragraphs thereof. As modified, order affirmed, without costs or disbursements, and proceeding remanded to Special Term for a de novo hearing and determination (see Eminent Domain Procedure Law [EDPL] 501, subd [B]).
It was proper to reject the report where one of the three commissioners appointed by the court "neither attended any of the hearings, nor subscribed the * * * award, nor otherwise...
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