Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion to vacate an order appointing Cary David Kessler, a private attorney, to serve as referee to supervise discovery pursuant to CPLR 3104 (b). The parties consented to Kessler's appointment on the record (see CPLR 3104 [b]; cf. Csanko v County of Westchester,
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