§ 506. Reference to hear and report

1. In any proceeding other than one instituted for probate of a will
or where a constitutional right to trial by jury exists and is demanded,
the court may appoint a referee to report to the court upon the facts or
upon a specific question of fact or upon the law and the facts. The
report of the referee shall be filed and contain the facts found and the
conclusions of law. No exceptions need be filed to the report.

2. No referee to examine an account rendered or to report questions
arising upon the settlement of the account shall be appointed where the
estate does not exceed $1,000 in value or in any case where the item or
items in such account to which objections have been made do not
aggregate more than $200, except that in any such proceeding the court
may appoint a referee to serve without compensation.

3. A referee shall have the powers granted by CPLR 4201 and shall
conduct the reference in the same manner as a court trying an issue
without a jury. The referee shall file his report within 30 days after
the matter has been finally submitted. Unless otherwise stipulated a
transcript of the testimony together with the exhibits or copies thereof
shall be filed with the report.

4. Upon the motion of any party or on its own initiative the court may
confirm or reject in whole or in part the report of the referee; may
make new findings with or without taking additional testimony or may
order a new reference. Any party to the proceeding may serve notice of
the filing of the report. Unless the motion be made within 60 days after
service of notice of the filing of the report, it shall be deemed
confirmed. Where no issues remain to be tried the court shall file its
decision in writing.

5. The compensation and expenses of such a referee shall be fixed and
allowed as provided by CPLR 8003 (a) and 4321, except as limited by
subdivision 2.

6. (a) Upon the consent of the attorneys for all parties who have
appeared at the hearing, the court may designate the chief clerk, one of
the other clerks, a court attorney or any assistant to take the
testimony in any proceeding other than one where a right to trial by
jury exists and to report to the court upon the facts or upon a specific
question of fact or upon the law and the facts. The report shall be in
writing and shall be filed. It shall state the facts deemed to be
essential, but need not make findings of fact. No exceptions need be
filed to the report. The person so designated must be an attorney at law
and shall have all the powers granted by CPLR 4201 and shall conduct the
reference in the same manner as a court trying an issue without a jury.
A copy of the report shall be sent to the attorney for each party who
appeared at the hearing together with a notice that the report shall be
deemed confirmed as of course unless within ten days from the date of
mailing the report any party shall file with the court, a notice of
motion to modify or overrule the report. Upon motion of any party or
upon its own initiative the court may confirm, modify or reject the
report in whole or in part, may make new findings with or without taking
additional testimony or may order a new hearing.

(b) It shall not be necessary to file a transcript of the testimony
with such report but on a motion to modify or overrule the report any
party may file a copy of the transcript.

(c) Upon the consent of the attorneys for all parties who have
appeared at the hearing, the necessity of the preparation of the report
by the person so designated may be waived and the matter decided by the
court based upon the transcript of the hearing. In such event the
expense of the transcript shall be a charge against the estate, or where
appropriate, as otherwise directed by the court.

(d) The person so designated as referee shall not receive any
compensation from the estate or from any party for his services and
shall be reimbursed for his necessary expenses only as provided in 2609
(3) (a).