Opinion
April 28, 1986
Appeal from the Supreme Court, Nassau County (Gitelman, Judicial Hearing Officer, Spatt, J.).
Order entered July 8, 1985, affirmed, and order dated May 28, 1985, affirmed insofar as appealed from, with one bill of costs.
We agree with Special Term that the Judicial Hearing Officer did not exceed his authority in conducting a hearing, since, at the time of the hearing, the action had not yet been terminated by entry of a judgment (see, Teitelbaum Holdings v. Gold, 48 N.Y.2d 51). The Judicial Hearing Officer's authority was also not limited by a broad order of reference which directed a hearing and determination of "all the issues in this case, other than divorce".
Finally, there was sufficient evidence in the record adduced before the Judicial Hearing Officer to warrant his determination (see, Christian v. Christian, 42 N.Y.2d 63; Donnarumma v Donnarumma, 72 A.D.2d 545). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur. [ 128 Misc.2d 528.]