Opinion
June 4, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 4403, any party may move to confirm or reject the Referee's report, in whole or in part within 15 days after the filing of the report. In enacting CPLR 4403, the Legislature intended that the parties point out "'in what respects, if any, the Referee's report or his conduct of the proceedings is erroneous'" (Matter of Breland [MVAIC], 24 A.D.2d 881, quoting Rosenfield v. Rosenfield, 272 App. Div. 547, 549). The plaintiff never objected to the findings of the Referee before the Supreme Court. Therefore, the plaintiff has waived his right to assert such objections for the first time on appeal (see, Matter of Galiber v. Previte, 40 N.Y.2d 822).
Sullivan, J. P., Joy, Krausman and Florio, JJ., concur.