Shanley v. Shanley

On motions of this character, the relevant statutes do not make the taking of oral proof before the court or an official referee a prerequisite to the granting of relief. (Civ. Prae. Act, §§ 467, 1172-a; Judiciary Law, §§ 772, 770, 756.) Ordinarily, of course, if a dispute arises as to the material facts, it is the preferable and common practice to direct a reference to an official referee to hear and report before any final determination is made by the court. (Staehr v. Staehr, 269 App. Div. 762; Nabut v. Nabut, 271 App. Div. 935; Rolfo v. Rolfo, 271 App. Div. 892; Hendrickson v.…