The appeal is not moot since there is no evidence before the court establishing that the sum owed has been paid by petitioner. Petitioner's arguments with respect to the merits are, however, unavailing. It was within the Special Referee's power to adjudicate petitioner to be in contempt since CPLR 4317 (a) provides without qualification that "parties may stipulate that any issue shall be determined by a referee" and petitioner knowingly consented to expand the Special Referee...
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