Opinion
June 12, 1989
Appeal from the Supreme Court, Kings County (Marks, J.).
Ordered that the judgment is affirmed, with costs.
Although the defendant objected to the judgment embodying the Referee's ultimately confirmed findings and conclusions, she did not do so on the ground that no transcript of the proceedings before the Referee was filed with his report (see, CPLR 4320 [b]; see also, Matter of Galiber v. Previte, 40 N.Y.2d 822, 824). Moreover, she did not take issue with the Referee's conclusion that the case was essentially a documentary one and she did not challenge the accuracy of the 10-page list of checks appended to the report upon which the final money award was premised (cf., Aron v. Aron, 280 N.Y. 328; Matter of Shulman v. Elco Constr. Corp., 12 A.D.2d 460). Under these circumstances, the defendant waived the nonfatal defect of failure to file a transcript (see, Matter of Galiber v. Previte, supra). Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.