Polina M. v. Robert M.

OPINION OF THE COURT

Paula J. Hefner, J.

Before the court is an order to show cause filed by the petitioner on March 20, 2009 which questions whether one of the limitations on the Referee’s authority contained in CPLR 4301 means that only a judge may hear and decide an application to recuse a referee or whether a referee has jurisdiction to hear and determine, in the first instance, if recusal is appropriate. Section 4301 of the Civil Practice Law and Rules provides that “[a] referee to determine an issue or to perform an act shall have all the powers of a court in performing a like function;…