Opinion
May 4, 1992
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order is affirmed, without costs or disbursements.
The failure to move to appoint a Referee in the surplus money proceeding within the time period prescribed by RPAPL 1361 (2) is a mere irregularity which, in the absence of prejudice to any substantial right of a party, may be disregarded (see, CPLR 2001, 2004; Fidelity Bond Mtge. Co. v. Lucas, 135 A.D.2d 778; Sibley Realty Corp. v. Schwab, 11 Misc.2d 997). Thus, the court properly exercised its discretion in disregarding the statutory time limitation (see, CPLR 2001) and granting the motion to appoint a Referee in the surplus money proceeding (see, CPLR 2004). Thompson, J.P., Lawrence, Miller and Ritter, JJ., concur.