Matter of Thomas v Murphy (2003 NY Slip Op 20191)

Matter of Thomas v Murphy

2003 NY Slip Op 20191 [2 AD3d 1404]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

In the Matter of Charlie Thomas, Jr., Individually and on Behalf of Hamlin Park Community & Taxpayers' Association, Inc., Appellant,
v
James A. Murphy, Jr., et al., Respondents.

—Appeal from an order of Supreme Court, Erie County (Siwek, J.), dated July 9, 2002, which adopted the report of the Referee determining the officers of Hamlin Park Community & Taxpayers' Association, Inc.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order of Supreme Court confirming the report of the Referee. Petitioner failed to comply with CPLR 4403 by moving to reject the report of the Referee within 15 days after the filing of the report and thus waived his present contentions (see Sroka v Sroka, 255 AD2d 897 [1998]). Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.