Legislation
SECTION 8003
Referees
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8003. Referees. (a) Generally. A referee is entitled, for each day
spent in the business of the reference, to three hundred fifty dollars
unless a different compensation is fixed by the court or by the consent
in writing of all parties not in default for failure to appear or plead.
(b) Upon sale of real property. A referee appointed to sell real
property pursuant to a judgment is entitled to the same fees and
disbursements as those allowed to a sheriff. Where a referee is required
to take security upon a sale, or to distribute, apply, or ascertain and
report upon the distribution or application of any of the proceeds of
the sale, he or she is also entitled to one-half of the commissions upon
the amount secured, distributed or applied as are allowed by law to an
executor or administrator for receiving and paying out money.
Commissions in excess of fifty dollars shall not be allowed upon a sum
bid by a party, and applied upon that party's judgment, without being
paid to the referee. A referee's compensation, including commissions,
upon a sale pursuant to a judgment in any action cannot exceed seven
hundred fifty dollars, unless the property sold for fifty thousand
dollars or more, in which event the referee may receive such additional
compensation as to the court may seem proper.
(c) This section shall not apply to judicial hearing officers who have
been designated referees.
spent in the business of the reference, to three hundred fifty dollars
unless a different compensation is fixed by the court or by the consent
in writing of all parties not in default for failure to appear or plead.
(b) Upon sale of real property. A referee appointed to sell real
property pursuant to a judgment is entitled to the same fees and
disbursements as those allowed to a sheriff. Where a referee is required
to take security upon a sale, or to distribute, apply, or ascertain and
report upon the distribution or application of any of the proceeds of
the sale, he or she is also entitled to one-half of the commissions upon
the amount secured, distributed or applied as are allowed by law to an
executor or administrator for receiving and paying out money.
Commissions in excess of fifty dollars shall not be allowed upon a sum
bid by a party, and applied upon that party's judgment, without being
paid to the referee. A referee's compensation, including commissions,
upon a sale pursuant to a judgment in any action cannot exceed seven
hundred fifty dollars, unless the property sold for fifty thousand
dollars or more, in which event the referee may receive such additional
compensation as to the court may seem proper.
(c) This section shall not apply to judicial hearing officers who have
been designated referees.