
    Tersilla Ceria, Plaintiff, v. Aldo Ceria et al., as Executors of Romolo Ceria, Deceased, et al., Respondents, and Victor A. Roberts, Appellant.
   Order entered on March 2, 1961, vacating the order of September 28, 1960 which confirmed the report of an Official Referee fixing defendant-appellant’s fee, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to appellant and the motion denied, with $10 costs. The scope of the stipulation of discontinuance did not include nor relate to the separate proceeding to fix defendant-appellant’s fee. We regard the provision for substitution of counsel as surplusage in view of the prior order. Concur — Botein, P. J., Rabin, McNally and Stevens, JJ.  