In re the Final Accounting of Unterman

— Order, Supreme Court, New York County, entered on September 14, 1976, which granted respondents’ motion to renew (denominated as a motion to reargue) to the extent of directing a trial of the factual issues presented, unanimously affirmed, with $40 costs and disbursements payable to respondents. Petitioner contends for the first time on appeal that as judgment in this special proceeding was entered on June 10, 1976, prior to the determination of respondents’ motion to renew (inadvertently labeled *746as one to reargue), Special Term improvidently exercised discretion to grant such motion…