STARK v. RELIANCE NATIONAL INDEMNITY CO

After full consideration of plaintiffs' contentions in opposition to defendant's motion to confirm the referee's report, the report was properly confirmed since it was amply supported by the record (see, Muhlstock v. Cole, 245 A.D.2d 55, 58), and, in light of the clear proof of plaintiffs' willful noncompliance with their discovery obligations, the dismissal of their complaint was a proper exercise of the motion court's discretion (see, e.g., Ciao Europa, Inc. v. Silver Autumn Hotel Corp. Ltd., 270 A.D.2d 2, 704 N.Y.S.2d 809).

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