Legal Opinion

Edwards v. Wells

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2012Published

1Opinion of the Court

*531“An order of reference shall direct the referee to determine the entire action or specific issues, to report issues, to perform particular acts, or to receive and report evidence only. It may specify or limit the powers of the referee and the time for the filing of his report and may fix a time and place for the hearing” (CPLR 4311). “[A] Referee’s authority is derived from the order of reference and a Judicial Hearing Officer who attempts to determine matters not referred to him [or her] by the order of reference acts beyond and in excess of his [or her] jurisdiction” (McCormack v McCormack,…

2Cases cited4 opinions

  1. McCormack v. McCormackAppellate Division of the Supreme Court of the State of New York · 1991
  2. Carrero v. Dime ContractorsAppellate Division of the Supreme Court of the State of New York · 2006
  3. Rihal v. KirchhoffAppellate Division of the Supreme Court of the State of New York · 2000
  4. Eagle Insurance v. SuleymanovaAppellate Division of the Supreme Court of the State of New York · 2001

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