Ordered that on the court's own motion, the appellant's notice of appeal from so much of the order as appointed a Referee to hear and report is treated as an application for leave to appeal, that application is referred to Justice Rubin, and leave to appeal is granted by Justice Rubin; and it is further,
Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof appointing a Referee to hear and report; as so modified...
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