Ordered that on the Court's own motion, the plaintiff's notice of appeal from the decision is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]); and it is further,
Ordered that order is modified, on the law, by deleting the provision thereof which, upon reargument, in effect, denied the plaintiff's motion to confirm the referee's report and sale, and substituting therefor a provision adhering to the prior determination confirming the referee...
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