N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.44 - Motion to confirm or reject judicial hearing officer's report or referee's report
(a)
When a judicial hearing officer or referee appointed to hear and report has
duly filed his or her report, together with the transcript of testimony taken
and all papers and exhibits before him or her in the proceedings, if any, and
has duly given notice to each party of the filing of the report, the plaintiff
shall move on notice to confirm or reject all or part of the report within 15
days after notice of such filing was given. If plaintiff fails to make the
motion, the defendant shall so move within 30 days after notice of such filing
was given.
(b) If no
party moves as specified above, the court, on its own motion, shall issue its
determination. Costs of such motion, including reasonable attorneys' fees,
shall be borne by the parties pro rata, except a party who did not request any
relief. However, the Attorney General of New York, or State, Federal or local
governmental agencies or officers thereof, shall not be liable for costs. This
subdivision shall not apply to a reference to a special referee or a judicial
hearing officer or to a reference to a referee in an uncontested matrimonial
action.
(c) The term
referee in this section shall be used as defined in section
202.43(e) of this
Part.
Notes
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