Briggs v. Briggs

In Briggs v. Briggs (181 Misc 2d 197), the Matrimonial Referee who handled the court proceedings was vested only with the power to hear and report. He had no power to make ultimate determinations and his report would then be advisory only, and could not bind the court to its findings and conclusions. As the court pointed out in Briggs (at 200): "execution of a proposed divorce judgment upon the Referee's findings and conclusions would clearly not be a mere ministerial act. Rather, it would require the exercise of independent review and final determination by [the] court as to all matters encompassed within the proposed judgement."