CPLR 4313 requires that "[u]nless 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." So, unless the order of reference indicates 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 granted the defendant's cross-motion to reject the referee's report.
Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, NY Slip Op 00608 (2d Dep't February 7, 2024)
