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IN THE MATTER OF THOMAS v. MURPHY

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 31, 2003
MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order of Supreme Court confirming the report of the Referee. Petitioner failed to comply with CPLR 4403 by moving to reject the report of the Referee within 15 days after the filing of the report and thus waived his present contentions ( see Sroka v. Sroka, 255 A.D.2d 897).