Opinion
Submitted May 5, 2000.
July 26, 2000.
In related actions to recover damages for personal injuries, the County of Westchester, a defendant in Actions Nos. 1 and 2, appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 15, 1999, which denied its motion to vacate an order of the same court dated September 16, 1998, which, sua sponte, appointed a private attorney to serve as a referee to supervise discovery without its consent.
Alan D. Scheinkman, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Deborah Porder of counsel), for appellant in Action Nos. 1 and 2.
Lipsig, Shapey, Manus Moverman, P.C., New York, N.Y. (Kent Benziger of counsel), for respondent Patricia McMullen in Action No. 1.
Before: THOMAS R. SULLIVAN, J.P., SONDRA MILLER, ANITA R. FLORIO, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the order dated September 16, 1998, is vacated.
The Supreme Court lacked the authority to appoint a private attorney to serve as a referee to oversee discovery, and to be compensated by the parties, without their consent (see, CPLR 3104; Ploski v. Riverwood Owners Corp., 255 A.D.2d 24; Carpenter Envtl. Assocs. v. Horn, 239 A.D.2d 379; Liu v. Liu, 218 A.D.2d 532).