Meredith v. City of New York

Order, Supreme Court, New York County (Jacqueline W. Silbermann, J.), entered January 24, 2007, which denied plaintiffs’ motion to vacate the order of dismissal and restore the action to the trial calendar, unanimously affirmed, without costs.

We reject plaintiffs challenge to the jurisdiction of the judicial hearing officer. While the record does not contain an order of reference, plaintiffs actively participated in the proceedings before him without objection (see Matter of Heather J., 244 AD2d 762, 763 [1997]).

The hearing officer’s refusal to adjourn, after a jury had been empaneled, to…