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HERMAN v. GILL

61 A.D.3d 433 (2009)

876 N.Y.S.2d 55

GLENN HERMAN et al., Respondents, v. RONALD W. GILL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.

It is well settled that "where questions of fact are submitted to a referee, it is the function of the referee to determine the issues presented, as well as to resolve conflicting testimony and matters of credibility" (Kardanis v Velis, 90 A.D.2d 727, 727 [1982]). The record does not demonstrate that the Special Referee exhibited partiality toward petitioners. Nor does it otherwise disclose any ground upon which the Referee's credibility...

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