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ROSEN v. ROSEN

16 A.D.3d 398 (2005)

790 N.Y.S.2d 391

SAMUEL D. ROSEN, Appellant, v. SUSAN ROSEN, Respondent.

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

March 7, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff's contention that the Supreme Court improperly referred certain factual issues raised on his motion to disqualify the defendant's counsel to a referee is without merit. CPLR 4212 authorizes a court, upon its own initiative, to "submit any issue of fact required to be decided by the court" to a referee to report "upon a showing of some exceptional condition requiring...

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