ROSENZWEIG v. GOMEZ


295 A.D.2d 592 (2002)

744 N.Y.S.2d 871

STANLEY ROSENZWEIG et al., Plaintiffs, v. MANUEL GOMEZ et al., Defendants. DAVID B. JACOBS, Nonparty Appellant; THEODORE W. ROBINSON, Nonparty Respondent.

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

Decided June 24, 2002.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contentions, the trial court had the authority to refer the matter of counsel fees to a Judicial Hearing Officer to hear and report (see CPLR 4212), particularly after the appellant had repeatedly complained, without foundation, about the purported bias of the trial court. Moreover, it is clear from a review of the hearing record that the appellant consented to the referral, and fully...

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