Order modified, on the law, by deleting therefrom the word "determine" and substituting therefor the word "report". As so modified, order affirmed, with $50 costs and disbursements payable by the appellants to respondent.
On the argument of this appeal the parties agreed that given Special Term's evident desire to retain jurisdiction over this matter, the proper reference would have been one "to hear and report" (see CPLR 4311), since a reference to "hear and determine...
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