Opinion
June 10, 1996
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion by the defendant Demar Packing Corp. to set aside the Referee's report insofar as it found that the judgment entered against Brian H. Madden had been fully satisfied is denied, and the branch of the cross motion of the defendant Brian H. Madden which is to confirm that portion of the report is granted.
Although it is well settled that a court directing appointment of a Referee is empowered to specify or limit the scope of a Referee's powers (CPLR 4311; see, Chang v. Chang, 190 A.D.2d 311, 319; McCormack v. McCormack, 174 A.D.2d 612), in this case the Supreme Court's January 4, 1993, order of reference did not preclude the Referee from considering the appellant's claim that he had satisfied the judgment docketed against him on January 5, 1988 by, among others, the defendant Demar Packing Corp., and any evidence with respect to that issue. The referee's finding that the appellant had satisfied the January 5, 1988, judgment is supported by the record. Therefore, the court should have granted the appellant's motion to confirm the Referee's report (see generally, Kaplan v. Einy, 209 A.D.2d 248, 251; Plaza Funding Corp. v. J.C. Dev. Corp., 155 A.D.2d 298; Kardanis v. Velis, 90 A.D.2d 727). Miller, J.P., O'Brien, Ritter and Copertino, JJ., concur.