Semons v. Semons

Full title: SHIRLEY SEMONS, Appellant, v. STEVEN L. SEMONS, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 1995

213 A.D.2d 191 (N.Y. App. Div. 1995)

623 N.Y.S.2d 234

Opinion

March 7, 1995

Appeal from the Supreme Court, New York County (Lewis Friedman, J.).

Plaintiff's contention that her motion could not be referred to a Special Referee to hear and report without the parties' consent is incorrect, consent being required only where the reference is one to hear and determine (compare, CPLR 4212, with CPLR 4317). Nor do we perceive an abuse of discretion in the reference given that defendant's motion for a downward modification of his maintenance obligation was already pending before the same Referee.

Concur — Rosenberger, J.P., Ellerin, Wallach and Tom, JJ.