Legal Opinion

Hayes v. Barroga-Hayes

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 2013Published

1Opinion of the Court

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Richmond County (Eanepinto, J.), dated September 16, 2011, which denied her motion to disqualify the court-appointed special referee.

*778Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, there was no evidence of bias or prejudice on the part of the special referee. Accordingly, the Supreme Court providently exercised its discretion in denying the defendant’s motion to disqualify the special referee (see Gapihan v Hemmings, 80 AD3d 1138, 1139 [2011];…

2Cases cited1 opinion

  1. Gapihan v. HemmingsAppellate Division of the Supreme Court of the State of New York · 2011

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