HERMAN v. GILL (2009)

Supreme Court, Appellate Division, First Department, New York.

Glenn HERMAN, et al., Petitioners-Respondents, v. Ronald W. GILL, Respondent-Appellant.

Decided: April 07, 2009

MAZZARELLI, J.P., NARDELLI, BUCKLEY, ACOSTA, DeGRASSE, JJ.

Ronald W. Gill, Washington, D.C., appellant pro se. Altier & Vogt, LLC, New York (Philip P. Vogt of counsel), for respondents.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 8, 2008, which granted petitioners' motion to confirm the report of the Special Referee and directed respondent to pay petitioners $154,509.24, unanimously affirmed, without costs.

It is well settled that “where questions of fact are submitted to a referee, it is the function of the referee to determine the issues presented, as well as to resolve conflicting testimony and matters of credibility” (Kardanis v. Velis, 90 A.D.2d 727, 455 N.Y.S.2d 612 [1982] ). The record does not demonstrate that the Special Referee exhibited partiality toward petitioners. Nor does it otherwise disclose any ground upon which the Referee's credibility determinations should be disturbed. The amount awarded is supported by the record.

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