Belfiore v. Belfiore

The parties entered into a stipulation of settlement but had not finally agreed upon certain financial figures when the Special Referee directed both parties to submit proposed findings of fact and judgments. Under the circumstances, the Special Referee’s instruction was, in effect, a direction to settle judgment, which contemplates notice to the opposing party with a copy of the proposed judgment and the opportunity to submit a counter proposal (see 22 NYCRR 202.48 [a], [c] [1]; Funk v Barry, 89 NY2d 364, 367 [1996]). The proposed judgment must be submitted with proof of service on the…