Schneider v. Melgarejo

Appellate Division of the Supreme Court of New York

Schneider v. Melgarejo

228 A.D. 839

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1930·Published

Opinion

Judgment entered upon the report of official referee reversed upon the law, with costs, without prejudice to the [840]*840petitioner, respondent, to apply to the Special Term for confirmation of the report of the official referee. It seems that, in a proceeding of this kind, the court must determine the controversy and a reference is merely for the purpose of assisting the court, the referee having no power to hear and determine. (See Matter of Cartier v. Spooner, 118 App. Div. 342; Sullivan v. McCann, 124 id. 126.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Judgment entered upon the report of official referee reversed upon the law, with costs, without prejudice to the [840]*840petitioner, respondent, to apply to the Special Term for confirmation of the report of the official referee. It seems that, in a proceeding of this kind, the court must determine the controversy and a reference is merely for the purpose of assisting the court, the referee having no power to hear and determine. (See Matter of Cartier v. Spooner, 118 App. Div. 342; Sullivan v. McCann, 124 id. 126.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Schneider v. Melgarejo, 228 A.D. 839 (N.Y. Ct. App. 1930).

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Opinion

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