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FERNALD v. VINCI

303 A.D.2d 547 (2003)

756 N.Y.S.2d 462

LOUANN FERNALD, Appellant, v. ROBERT K. VINCI, Respondent.

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

Decided March 17, 2003.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for assignment before a justice to hear and determine the motion and cross motion.

A judicial hearing officer (hereinafter J.H.O.) derives authority from an order of reference by the court (see CPLR 4311), and an order of reference is made only upon the consent of the parties except in limited circumstances not applicable here (

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