Opinion
June 29, 1998
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is referred to the Referee for determination.
Contrary to the appellants' contention, 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 amended decision "shall stand as the decision of a court" (CPLR 4319). Accordingly, the application of the appellants to reargue the substantive issues decked by the Referee should have been directed to the Referee for resolution, and the Supreme Court had no authority either to entertain reargument of the merits or confirm the Referee's amended decision ( see, Lipton v. Lipton, 128 Misc.2d 528, affd 119 A.D.2d 809; Buxbaum v. Buxbaum, 118 Misc.2d 348). Once judgment is entered on the Referee's amended decision ( see, CPLR 5016 [c]), the Referee's determination may be reviewed upon an appeal from the judgment ( see, Colodner v. Colodner, 138 Misc.2d 66).
Miller, J. P., Sullivan, Pizzuto and Florio, JJ., concur.