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SURGICAL DESIGN CORPORATION v. CORREA

309 A.D.2d 800 (2003)

765 N.Y.S.2d 521

SURGICAL DESIGN CORPORATION, Respondent, v. JAMIR CORREA et al., Appellants. (Action No. 1.) ELIANA CORREA, Plaintiff, v. SURGICAL DESIGN CORPORATION et al., Respondents. (Action No. 2.)

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

Decided October 14, 2003.

Ordered that the order is modified by deleting the provision thereof which sua sponte appointed a private attorney to be compensated by the parties to serve as a referee to oversee discovery; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for the appointment of a Judicial Hearing Officer to serve as a referee.

The Supreme Court lacked the authority to appoint...

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