MATTER OF THOMAS v. MURPHY


2 A.D.3d 1404 (2003)

768 N.Y.S.2d 917

In the Matter of CHARLIE THOMAS, JR., Individually and on Behalf of HAMLIN PARK COMMUNITY & TAXPAYERS' ASSOCIATION, INC., Appellant, v. JAMES A. MURPHY, JR., et al., Respondents.

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

December 31, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner appeals from an order of Supreme Court confirming the report of the Referee. Petitioner failed to comply with CPLR 4403 by moving to reject the report of the Referee within 15 days after the filing of the report and thus waived his present contentions (see Sroka v Sroka, 255 A.D.2d 897...

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