Opinion
October 29, 1996.
Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered February 3, 1995, which, inter alia, confirmed the report of the Special Referee dated September 13, 1994, unanimously affirmed, without costs.
Before: Rosenberger, J. P., Ellerin, Ross, Nardelli and Mazzarelli, JJ.
It being the function of a Special Referee to hear the evidence and resolve questions of fact and credibility, his or her findings generally will not be disturbed if substantially supported by the record ( Kardanis v Velis, 90 AD2d 727; Dilorio v Gibson Cushman, 204 AD2d 167). The court properly perceived an ambiguity in the parties' stipulated agreement warranting submission of the matter to a Special Referee, and properly confirmed his findings as supported by the record. We have reviewed the parties' remaining arguments for affirmative relief and find them to be without merit.