IN RE APPLICATION OF SHAW v. GOODMAN

This proceeding, commenced by petitioner pursuant to CPLR article 78, should have been brought pursuant to CPLR 5704(a) as one to vacate or modify an ex parte order. We thus convert the proceeding accordingly (CPLR 103[c]), and, upon such conversion, find that the parties are bound by the order dated June 7, 1995, in which the IAS court explicitly referred to the Judicial Hearing Officer, not only the contempt issue, but "all remaining issues in the [underlying] matter", expressly vacating an earlier order of limited scope.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.