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ASSOCIATED FIN. SERVS., INC. v. DAVIS

183 A.D.2d 686 (1992)

Associated Financial Services, Inc., Plaintiff, v. Stephen A. Davis et al., Defendants, Eileen M. Davis, Appellant, and Margaret F. Jirak et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1992

Ordered that the order is affirmed, without costs or disbursements.

The failure to move to appoint a Referee in the surplus money proceeding within the time period prescribed by RPAPL 1361 (2) is a mere irregularity which, in the absence of prejudice to any substantial right of a party, may be disregarded (see, CPLR 2001, 2004; Fidelity Bond & Mtge. Co. v Lucas, 135 A.D.2d 778

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