ALLISON v. ALLISON


28 A.D.3d 406 (2006)

813 N.Y.S.2d 161

KATHARINE ALLISON, Appellant, v. WILLIAM B. ALLISON, Respondent.

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

April 4, 2006.


Ordered that the judgment is affirmed, with costs.

The plaintiff asserts that the court did not have jurisdiction to grant the subject divorce because the parties impermissibly nominated a Judicial Hearing Officer (hereinafter JHO), and the order referring the matter to a Special Referee was not signed by a judge.

A JHO derives authority from an order of reference by the court (see CPLR 4311), which can be made only upon the consent of the parties,...

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