Legal Question in Business Law in New York

Rule 22 NYCRR 202.44(a) states that when a referee is appointed to hear and report he or she files the report together with the transcript of testimony taken and all papers and exhibits before him or her in the proceedings. It further states that after notice is given to each party that the report has been filed, that 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.

It appears the rule is only under one condition for the defendant and that is only if the plaintiff does file the motion.

QUESTION � What is the defendant�s position if the plaintiff does file the motion within the specified 15 days?

QUESTION � Does the defendant have a right to file a motion at any time within the 30 days after receiving notice of the referee�s filing?

QUESTION � Does rule 202.44(a) apply the same and/or with the answers supplied above to Petitioner�s and Respondents?


Asked on 8/05/15, 10:04 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Either party may move to confirm or reject, giving reasons.

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Answered on 8/05/15, 10:15 am


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