Special Referee Jeffrey Helewitz
In this contested divorce proceeding, at a hearing, wife's attorney requested a Hebrew interpreter be provided to wife claiming she indicated she did not understand everything husband's counsel asked during her cross-examination. The court noted, at the time of the request, wife was on the stand for nearly 20 days, and several witnesses had already testified before her. Husband objected, claiming that during wife's deposition she was questioned about her language abilities and averred she was fluent in English, and also had a passing knowledge of other languages. During her trial testimony, wife also stated she was "fairly fluent" in English as she resided in the United States for over 20 years and operated several businesses with husband. Husband contended that by waiting until this late stage in the proceedings to request the interpreter, wife waived her right to same. The Special Referee noted the length of time of this litigation, including 9 months of hearings, yet believed that appointment of a Hebrew interpreter would be justified in the interests of justice and to afford wife every opportunity to present her case as accurately as possible. However, the referee ruled that wife's prior testimony would not be nullified so as not to prejudice husband.
