Carpenter Environmental Associates v. Horn

Full title: CARPENTER ENVIRONMENTAL ASSOCIATES, Respondent, v. STUART HORN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 1997

239 A.D.2d 379 (N.Y. App. Div. 1997)

658 N.Y.S.2d 35

Opinion

May 12, 1997

Appeal from the Supreme Court, Rockland County (Miller, J.).

Ordered that the order is reversed, on the law, without costs or disbursements.

The Supreme Court could not appoint an attorney to act as Referee for the purpose of supervising all remaining disclosure in this action in the absence of a stipulation by the parties (see, CPLR 3104[b]). The Supreme Court thus erred in appointing an attorney as the Referee here.

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.