Opinion
November 13, 1995
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the orders are affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
The order of the Supreme Court, Nassau County, dated October 13, 1994, which referred the matter to a Referee, set forth a specific means of compensating the Referee; that is, upon his affirmation of services rendered, the court would determine an appropriate fee to be shared equally by the parties. Consequently, this case is distinguishable from those relied on by the appellants, namely, Scher v Apt ( 100 A.D.2d 582), Neuman v Syosset Hosp. Anesthesia Group ( 112 A.D.2d 1029), and Kolomick v Kolomick ( 133 A.D.2d 69), where the orders of reference were silent as to the Referees' compensation, thus limiting them to the statutory fee of $50 per diem (see, CPLR 8003 [a]).
In addition, the record reveals that the plaintiff-appellant stipulated to the order of reference, which included a provision that the court would fix the fee of the Referee (see, e.g., Morrison v Bethlehem Steel Corp., 75 A.D.2d 1001). Balletta, J.P., Pizzuto, Joy and Altman, JJ., concur.