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LYDIA BARR, Respondent-Appellant, v. THOMAS BARR, IV, Appellant-Respondent.

It being the function of a Special Referee to hear the evidence and resolve questions of fact and credibility, his or her findings generally will not be disturbed if substantially supported by the record ( Kardanis v Velis, 90 AD2d 727; Dilorio v Gibson Cushman, 204 AD2d 167). The court properly perceived an ambiguity in the parties' stipulated agreement warranting submission of the matter to a Special Referee, and properly confirmed his findings as supported by the record. We have reviewed the parties' remaining arguments for affirmative relief and find them to be without merit.

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BARR v. BARR
(Oct 29, 1996)