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MATTER OF BARONE v. MILKS

289 A.D.2d 931 (2001)

734 N.Y.S.2d 763

In the Matter of WAYNE BARONE, Respondent, v. SARA MILKS, Appellant.

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

Decided December 21, 2001.

Order unanimously affirmed without costs.

Memorandum:

Sara Milks contends for the first time on appeal that Family Court erred in appointing its confidential law clerk as Referee to report in this custody dispute between parents who were never married. We agree with Milks that the appointment was in violation of CPLR 4312 (3) and that the exception set forth in CPLR 4312 (5) does not apply because this is not a...

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