Opinion
November 13, 1998
Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Equitable Distribution.
Present — Green, J. P., Lawton, Callahan, Balio and Fallon, JJ.
Judgment unanimously affirmed without costs. Memorandum: Plaintiff contends that Supreme Court erred in confirming the Referee's report and directing her, upon the Referee's recommendation, to pay $14,000 to defendant. However, plaintiff did not challenge the Referee's report and recommendation by making a motion to reject the report pursuant to CPLR 4403. That section affords the parties "the opportunity 'of pointing out in what respects, if any, the Referee's report or his conduct of the proceedings is erroneous'" before the court takes action on it ( Matter of Breland [MVAIC], 24 A.D.2d 881, quoting Rosenfield v. Rosenfield, 272 App. Div. 547, 549). By thus failing to alert the court to the alleged errors in the Referee's report, plaintiff waived her present objections to it ( see, Matter of Galiber v. Previte, 40 N.Y.2d 822, 824; Berkowitz v. Halberstam, 151 A.D.2d 535, lv denied 74 N.Y.2d 616).