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STANLEY ROSENZWEIG, et al., plaintiffs, v. MANUEL GOMEZ, et al., defendants; DAVID B. JACOBS, nonparty-appellant; THEODORE W. ROBINSON, nonparty-respondent.

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contentions, the trial court had the authority to refer the matter of counsel fees to a Judicial Hearing Officer to hear and report (see CPLR 4212), particularly after the appellant had repeatedly complained, without foundation, about the purported bias of the trial court. Moreover, it is clear from a review of the hearing record that the appellant consented to the referral, and fully participated in the hearing without objection (see John Eric Jacoby, M.D., P.C. v. Loper Assocs., 249 A.D.2d 277; Chalu v. Tov-Le Realty Corp., 220 A.D.2d 552).

The Judicial Hearing Officer properly limited the scope of the hearing to the issue and guidelines delineated by this court in a prior appeal in this case (see Rosenzweig v. Gomez, 250 A.D.2d 664). Moreover, the award is supported by the evidence in the record.

SANTUCCI, J.P., McGINITY, LUCIANO and ADAMS, JJ., concur.

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ROSENZWEIG v. GOMEZ
(Jun 25, 2002)