Sroka v. Sroka

—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. *898However, 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 AD2d…