In view of the written consent of the defendants-appellants to the making and entry of an order by the court granting plaintiff’s motion for a preference and setting the case down for a new trial for a day certain, said defendants waived, their right to thereafter appeal from the referee’s order.
The order denying the motion to vacate the referee’s order is not appealable.
Appeal dismissed, with ten dollars costs.
Levy and Frankenthaler, JJ., concur; Lydon, J., dissents.