On February 7, 2024, the Second Department issued a decision in Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, 2024 NY Slip Op. 00608, holding that it was error for a referee to make a recommendation without holding a hearing when the order of reference called for a hearing, explaining:
CPLR 4313 requires that unless the order of reference otherwise provides, the referee shall forthwith notify the parties of a time and a place for the first hearing to be held. Thus, generally, where there is no language in the order of reference indicating that a hearing is unnecessary, it is error for the referee to issue a report without holding a hearing on notice to the parties. Here, the defendant established that it was entitled to a hearing before the referee issued a report. Accordingly, the Supreme Court properly denied the plaintiff’s motion and granted that branch of the defendant’s cross-motion which was to reject the referee’s report.
(Internal quotations and citations omitted).