Order entered on June 13, 1961, granting petitioner's motion to have the court entertain the petition for a dissolution under section 103 of the General Corporation Law, unanimously reversed, on the law and in the exercise of discretion, without costs, the order vacated and the matter remanded for reconsideration to the Justice at Special Term who made the order. The position of the parties, as developed by the argument of counsel on this appeal, appears to be such as to evidence agreement that the corporation be sold as a going business, but under judicial supervision. In the light of this apparent agreement the matter is remitted to Special Term for reconsideration. In the event that upon such reconsideration the court determines a statutory hearing to be in order, such hearing should be held before the court rather than a Referee. Appeal from order entered on June 13, 1961, denying reargument, unanimously dismissed, without costs, the order being nonappealable.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.