Opinion
November 19, 1968
Order, entered September 6, 1967, unanimously modified on the law, the facts and in the exercise of discretion, so as to limit the modification to January 25, 1967, the date of the first Referee's report; without costs and without disbursements. In the circumstances we believe it was an improvident exercise of discretion to make the order retroactive to any date earlier than January 25, 1967.
Concur — Stevens, J.P., Eager, Capozzoli, McGivern and Rabin, JJ.