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KUCHEROVSKY v. EXCEL MEDICAL & DIAGNOSTIC, P.C.

7130, 100488/08.

93 A.D.3d 531 (2012)

940 N.Y.S.2d 594

2012 NY Slip Op 2047

LEON KUCHEROVSKY, ESQ., Plaintiff, v. EXCEL MEDICAL & DIAGNOSTIC, P.C., et al., Defendants, PRASAD CHALASANI, M.D., Appellant, and MORIAH UNITED CORPORATION, Intervenor-Respondent.

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

Decided March 20, 2012.

The reference in this action was clearly one to hear and determine (see CPLR 4301) rather than to hear and report (see CPLR 4201). Consequently, the referee possessed "all the powers of a court in performing a like function" (CPLR 4301), and his decision "shall stand as the decision of a court" (CPLR 4319). Since the actions of referees when they are assigned to determine an issue are tantamount to those of any sitting Supreme Court Justice, the Supreme Court...

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