Barone v. Milks

Order unanimously affirmed without costs. Memorandum: Sara Milks contends for the first time on appeal that Family Court erred in appointing its *932confidential law clerk as Referee to report in this custody dispute between parents who were never married. We agree with Milks that the appointment was in violation of CPLR 4312 (3) and that the exception set forth in CPLR 4312 (5) does not apply because this is not a matrimonial proceeding, nor is it uncontested. The error, however, does not require reversal. “[I]t is well settled that a party may not challenge the qualifications of a Referee for…