Astoria Federal Savings & Loan Ass'n v. Rambalakos

Application by plaintiff pursuant to CPLR 5704 (subd [a]) for modification of an order of the Supreme Court, Queens County, made January 20, 1975 without notice to plaintiff’s adverse parties, which, in this mortgage foreclosure action, (1) granted plaintiff’s ex parte application to ratify and confirm a referee’s report, except as to the computation of interest on the amount found due on the mortgage, and (2) remanded the case to the referee to recompute interest at the rate of 6%. Application granted; order modified so as to strike therefrom the second decretal paragraph and to strike so…