Opinion
November 4, 1991
Appeal from the Surrogate's Court, Nassau County (Harrington, S.).
Ordered that the order is affirmed, with costs payable by the appellant personally to the respondents appearing separately and filing separate briefs.
The appellant's motion to vacate the appointment of the Referee, made approximately five months after the appointment, was untimely (see, CPLR 2221, 5513 [a]; Henegar v Freudenheim, 40 A.D.2d 825). In any event, we find the motion to be without merit. The provision for designation of a Judicial Hearing Officer as a Referee in CPLR 3104 (b) does not limit the court's general power to name a Referee granted in CPLR 3104 (a). Sullivan, J.P., Balletta, Ritter and Copertino, JJ., concur.