Surgical Design Corp. v. Correa
Cases that cite this one
1 later published case cites this decision.
- Llorente v. City of New York (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In related actions, inter alia, to recover corporate property and funds, the defendants in Action No. 1 appeal, by permission, from stated portions of an order of the Supreme Court, Queens County (Golia, J.), dated August 26, 2002, which, among other things, sua sponte appointed a private attorney to be compensated by the parties to serve as a referee to oversee discovery.
Ordered that the order is modified by deleting the provision thereof which sua sponte appointed a private attorney to be compensated by the parties to serve as a referee to oversee discovery; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for the appointment of a Judicial Hearing Officer to serve as a referee.
The Supreme Court lacked the authority to appoint a private attorney to serve as a referee to oversee discovery, and to be compensated by the parties, without their consent (see CPLR 3104; Csanko v County of Westchester, 273 AD2d 434 [2000]).
The parties’ remaining contentions are without merit. Prudenti, P.J., Smith, Friedmann and H. Miller, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.