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Appeal or motion to disaffirmed special referee decision?

| Jun 12, 2016 | Uncategorized

Q: I received the signed judgment of divorce. The custody matter was decided by the Supreme Court judge after trial and the financial matter after a trial with a special referee. It was hear and determine, therefore the special referee signed the judgment of divorce. Unfortunately there are accounting mistakes (1+1=3) in the equitable distribution and special referee doesn’t want to take a look. Should I move to Supreme Court pursuant CPLR 5019(a) to disaffirm the report or should I appeal it? I was not even allowed to send a counter judgment.

A: David’s Answer: If the stipulation assigning the Referee was hear & determine, then there’s no longer a need for confirmation. You may appeal the Referee once his/her report is incorporated into the Judgement. Schedule a consult with a NYC Family Law attorney for more info.

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