Wells Fargo Bank Minnesota N.A. v. Davis

OPINION OF THE COURT

Herbert Kramer, J.

The owner of the equity of redemption in the underlying foreclosure proceeding moved this court to confirm the report of the referee to sell and for the appointment of a referee in a surplus money proceeding.1 The motion was marked “Submitted No Opposition.” It appears from the report of sale that the referee to sell retained or otherwise received a sum of $1,250. There is no judicial order in the court file approving the fee pursuant to CPLR 8003 (b).

CPLR 8003 determines the mechanism for payments made to referees.2 The referee appointed to sell real…