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MATTER OF POLINA M. v. ROBERT M.

25 Misc.3d 596 (2009)

884 N.Y.S.2d 619

In the Matter of POLINA M., Petitioner, v. ROBERT M., Respondent.

Family Court, Kings County.

Decided June 25, 2009.

Attorney(s) appearing for the Case

Brian Zimmerman, Brooklyn, for petitioner.

Patrick Garcia, Brooklyn, for respondent.

Larry Margolis, New York City, for the child.

Jacob Silver, Brooklyn, guardian ad litem.

OPINION OF THE COURT

PAULA J. HEPNER, J.

Before the court is an order to show cause filed by the petitioner on March 20, 2009 which questions whether one of the limitations on the Referee's authority contained in CPLR 4301 means that only a judge may hear and decide an application to recuse a referee or whether a referee has jurisdiction to hear and determine, in the first instance, if recusal is appropriate. Section 4301 of the Civil Practice Law and Rules...

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