Legal Question in Family Law in New York
I recently filed a motion for partial summary judgment in my divorce. I found case law supporting the use of this type of motion to settle whether particular assets are marital or not prior to trial. However, my spouse and I meet with the court-appointed referee in just three months and I fear that the judge will take longer than that to make a decision on my motion, yet many of the ancillary issues that the Referee will be hearing and reporting on would be directly and greatly affected and reduced if the judge finds in my favor on my motion.
Thus my question is: is there a way to stay the appearance before the Referee pending the judge's decision on this motion? If there is not a way to do this, what would happen if the Referee makes decisions regarding our ancillary issues and then after his/her report the judge rules in my favor in my motion?
I only ask because it seems...redundant in a way, for me to make the same arguments before the Referee about our assets that are made in a motion pending before the judge.
1 Answer from Attorneys
Thus my question is: is there a way to stay the appearance before the Referee pending the judge's decision on this motion?
A. Generally, no.
If there is not a way to do this, what would happen if the Referee makes decisions regarding our ancillary issues and then after his/her report the judge rules in my favor in my motion?
A. A referee only makes recommendations which must be confirmed by the Court. At the time the court confirms the recommendations, I should have reviewed (and possibly decided) your summary judgment motion.
Mike.
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