Ruderfer v. Kuflik

The plaintiff appeals from an order denying his motion to vacate an order confirming a referee’s report and the judgment entered thereon upon the ground that one of the hearings took place on a Sunday in violation of section 5 of the Judiciary Law. It appears that the hearing in question was had at the express request of the parties and for their convenience, pursuant to a written stipulation filed by them waiving any legal irregularity with respect to said hearing. The appellant does not attack the report upon the merits, but relies solely upon the aforesaid objection. The appellant’s…