Rules of Appellate Division 4th Department, 22 NYCRR 1022.20(d) provides that a referee must complete an evidentiary hearing in attorney disciplinary proceedings within 60 days of the order of reference. The parties shall make final submissions, including any proposed findings of fact, within 15 days of the date the hearing's stenographic minutes are completed. The referee's report is to be completed within 30 days after the stenographic minutes. The hearing officer makes a report with findings of fact, but does not include a recommendation.
That is ALL that the referee is supposed to do. A referee is not authorized by law to make any decisions.
And, even though the Appellate Division promptly sent to me after the botched up conference of January 12, 2015, a letter that Appellate Division claimed it sent to my unplugged fax machine on January 9, 2015, that same Appellate Division ( or Referee Sirkin) have yet to send me Referee Sirkin's "decision" "granting" the prosecution's motion.
I wonder how THAT decision is going to be explained to me by the Appellate Division 4th Department, and how the Appellate Division 4th Department is going to explain their blunder of gigantic proportions in appointing such an incompetent referee to such a politically sensitive proceeding.