On October 8, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Gendelman, 2025 NY Slip Op. 05501, holding that a referee’s delay in issuing a report does not require its rejection, explaining:
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. Contrary to Laurel Avenue’s contention, the referee’s findings with regard to the amount due were substantially supported by admissible evidence in the record.
Laurel Avenue’s contention that the Supreme Court should have rejected the referee’s report as defective because it was issued more than 60 days after entry of the order dated April 20, 2018, is without merit. The court providently exercised its discretion in disregarding the delay in issuing the report as a mere irregularity.
(Internal quotations and citations omitted).