Ordered that the order is affirmed, with costs.
It is well settled that where questions of fact are submitted to a Referee, it is the function of the Referee to determine the issues presented, and to resolve conflicting testimony and matters of credibility. Generally, courts will not disturb the findings of a Referee to the extent that the record substantiates the findings, and they may reject findings not supported by the record (see, Matter of Holy Spirit Assn...
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