MORTON v. BROOKHAVEN MEMORIAL HOSPITAL

ORDERED that the orders are affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiffs maintain that the Supreme Court erred in appointing a private attorney as a Special Referee in contravention of CPLR 3104(b). In light of the fact that the plaintiffs failed to raise this issue until after the Special Referee's report was written and further discovery had concluded, the plaintiffs have waived their right to contest the appointment of the Special Referee ( see Dime Sav. Bank of N.Y. v. Glavey, 214 A.D.2d 419, lv denied 87 N.Y.2d 802, cert denied 517 U.S. 1221; Flotteron v. Steinberg, 106 A.D.2d 427; Fisher v. Fisher, 223 App. Div. 19, 21, affd 250 N.Y. 313).

The plaintiffs' remaining contentions are without merit.

FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.