Legislation
SECTION 119
Official referees of the city court of the city of New York
Judiciary (JUD) CHAPTER 30, ARTICLE 4-A
§ 119. Official referees of the city court of the city of New York.
Every official referee of the city court of the city of New York in the
first or second judicial department who, pursuant to former provisions
of this section, is acting and in the discharge of his duties as such
official referee at the time this section as hereby amended takes
effect, may continue to act as referee, without any compensation to be
paid by the parties, to hear and report upon or to hear and determine:
(1) any action, claim, matter, motion or special proceeding pending in
the city court of the city of New York, referable by statute or the
rules and practice of said court, in which the justice making the order
of reference shall deem that for any reason the expenses of such
reference shall not be borne by the parties to such action, claim,
matter, motion or proceeding; (2) any action, claim, matter or special
proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the
duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties
to an action, claim, matter, motion or proceeding referred, any fee or
compensation for any service as such referee. If the services of a
stenographer should be required in the action, claim, matter, motion or
proceeding, such stenographer shall be selected by said referee from the
official stenographers of the city court and the parties shall not be
required to pay any of the fees of such stenographer for taking the
testimony or furnishing one copy thereof to the referee if the referee
shall order such copy.
The justices of the appellate division in each department shall have
power to fix the times and places for the hearing of references by
official referees of the city court of the city of New York hereby
continued in office, and to assign such official referees for such
service to any court of record within such department, and to adopt,
amend or rescind rules therefor.
Every official referee of the city court of the city of New York in the
first or second judicial department who, pursuant to former provisions
of this section, is acting and in the discharge of his duties as such
official referee at the time this section as hereby amended takes
effect, may continue to act as referee, without any compensation to be
paid by the parties, to hear and report upon or to hear and determine:
(1) any action, claim, matter, motion or special proceeding pending in
the city court of the city of New York, referable by statute or the
rules and practice of said court, in which the justice making the order
of reference shall deem that for any reason the expenses of such
reference shall not be borne by the parties to such action, claim,
matter, motion or proceeding; (2) any action, claim, matter or special
proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the
duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties
to an action, claim, matter, motion or proceeding referred, any fee or
compensation for any service as such referee. If the services of a
stenographer should be required in the action, claim, matter, motion or
proceeding, such stenographer shall be selected by said referee from the
official stenographers of the city court and the parties shall not be
required to pay any of the fees of such stenographer for taking the
testimony or furnishing one copy thereof to the referee if the referee
shall order such copy.
The justices of the appellate division in each department shall have
power to fix the times and places for the hearing of references by
official referees of the city court of the city of New York hereby
continued in office, and to assign such official referees for such
service to any court of record within such department, and to adopt,
amend or rescind rules therefor.