Brinkman v. Brinkman
| Decision Date | 26 June 1961 |
| Parties | Beatrice R. BRINKMAN, Respondent, v. Bernard BRINKMAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Halpert & Burger, New York City, for appellant; Louis Schultz, New York City, of counsel.
Sherman Pirotin, Westbury, for respondent.
Before BELDOCK, Acting P. J., and KLEINFELD, CHRIST, PETTE and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In an action by the wife for a judicial separation, the husband appeals from an order of the Supreme Court, Kings County, dated February 27, 1961, which referred to an Official Referee to hear and report (or to hear and determine if both parties consent), a motion by the wife to punish the husband for contempt by reason of his failure to pay arrears in alimony, and a cross motion by the husband to dismiss the complaint for lack of prosecution and for other relief.
Appeal dismissed, without costs, on the grounds: (1) that plaintiff has not consented that an Official Referee hear and determine the motions; and (2) that an order referring a matter to an Official Referee to hear and report is not appealable (Rayex Corporation v. Sanchez [case No. 14], 6 A.D.2d 903, 177 N.Y.S.2d 628; Cameron v. Cameron, 2 A.D.2d 979, 157 N.Y.S.2d 582; Newcomb v. Newcomb, 281 App.Div. 689, 117 N.Y.S.2d 580; Bazel v. Bazel, 282 App.Div. 952, 125 N.Y.S.2d 676, and cases therein cited).
To continue reading
Request your trial
-
Mortgagee Affiliates, Inc. v. Jerder Realty Corp.
...would have nonetheless dismissed it since (1) no appeal lies from an order directing a reference to hear and report (Brinkman v. Brinkman, 13 A.D.2d 1024, 217 N.Y.S.2d 240; De Matteis v. De Matteis, 21 A.D.2d 783, 250 N.Y.S.2d 499) and (2) the said defendant does not have the standing of an......
-
De Matteis v. De Matteis
...a matter to a referee for hearing and report is not appealable (Ayers v. Ayers, 16 A.D.2d 926, 229 N.Y.S.2d 164; Brinkman v. Brinkman, 13 A.D.2d 1024, 217 N.Y.S.2d 240). ...