Hear and determine, hear and report

CPLR § 4301 Powers of referee to determine

CPLR § 4201 Powers of referees to report

CPLR § 4201 Decision

Kucherovsky v Excel Med. & Diagnostic, P.C., 2012 NY Slip Op 02047 (1st Dept., 2012)

The reference in this action was clearly one to hear and determine (see CPLR 4301) rather than to hear and report (see CPLR 4201). Consequently, the referee possessed "all the powers of a court in performing a like function" (CPLR 4301), and his decision "shall stand as the decision of a court" (CPLR 4319). Since the actions of referees when they are assigned to determine an issue are tantamount to those of any sitting Supreme Court Justice, the Supreme Court may only review whether the referee exceeded the scope of the issues delineated in the order of reference (see e.g. Cohen v Akabas & Cohen, 79 AD3d 460, 461 [2010]).

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