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Letecia C. Toque CAPILI, respondent, v. Noemi Iris ILAGAN, appellant, et al., defendant.
In an action, inter alia, for the partition and sale of real property, the defendant Noemi Iris Ilagan appeals, as limited by her brief, from stated portions of an interlocutory judgment of the Supreme Court, Suffolk County (Loughlin, J.), dated June 14, 2004, which, inter alia, confirmed the report of a referee dated March 24, 2003.
ORDERED that the interlocutory judgment is affirmed insofar as appealed from, with costs.
“The report of a Referee should be confirmed whenever the findings are substantially supported by the record, and the Referee has clearly defined the issues and resolved matters of credibility” (Stone v. Stone, 229 A.D.2d 388, 644 N.Y.S.2d 648; see Pittoni v. Boland, 278 A.D.2d 396, 717 N.Y.S.2d 646; Slater v. Links at N. Hills, 262 A.D.2d 299, 691 N.Y.S.2d 101; Tai Wing Hong Importers v. King Realty Corp., 208 A.D.2d 710, 711, 617 N.Y.S.2d 793). Here, the referee's determination that the balance of the plaintiff's $26,000 loan to the defendant had been reduced to approximately $13,000 was substantially supported by the record. In addition, the record also supported the referee's determination that the proceeds from the sale of the premises should be divided equally between the parties, after satisfaction of the mortgage lien and repayment of the personal loan, as well as other mandated expenses. Moreover, the Supreme Court properly accepted the referee's report despite its late filing (see Matter of Lipsky v. Koplen, 282 A.D.2d 462, 722 N.Y.S.2d 421; John Hancock Mut. Life Ins. Co. v. 491-499 Seventh Ave. Assoc., 169 Misc.2d 493, 644 N.Y.S.2d 953; see also CPLR 4320).
The appellant's remaining contentions are without merit.
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Decided: February 14, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
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