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MATTER OF GALE v. GALE

2010-06771.

87 A.D.3d 1011 (2011)

929 N.Y.S.2d 495

2011 NY Slip Op 6490

In the Matter of SCOTT S. GALE, Appellant, v. SIBYL L. GALE, Respondent. (Proceeding No. 1). In the Matter of SIBYL L. GALE, Respondent, v. SCOTT S. GALE, Appellant. (Proceeding No. 2).

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

Decided September 13, 2011.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for new determinations of the parties' respective petitions.

A referee derives authority from an order of reference by the court (see CPLR 4311), which can be made only upon the consent of the parties, except in limited circumstances not applicable here (see CPLR 4317; Matter of Stewart v Mosley,

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