Majority
p. 793Armin Bencoe, Respondent, v. Robert E. McDonnell and Others, Appellants.
Motion for a stay of all proceedings on the part of the plaintiff pending appeal granted. No security will be required. If upon a review the order be affirmed, this court will determine whether or not the matter should be heard by the same referee. This phase of the case may be argued upon the record independently of any order of the Special Term granting or denying a motion for the ■substitution of a new referee. Present — Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ.