§ 8003 — Referees

New York § 8003

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 80: Fees

Text

§ 8003. Referees. (a) Generally. A referee is entitled, for each day\nspent in the business of the reference, to three hundred fifty dollars\nunless a different compensation is fixed by the court or by the consent\nin writing of all parties not in default for failure to appear or plead.\n (b) Upon sale of real property. A referee appointed to sell real\nproperty pursuant to a judgment is entitled to the same fees and\ndisbursements as those allowed to a sheriff. Where a referee is required\nto take security upon a sale, or to distribute, apply, or ascertain and\nreport upon the distribution or application of any of the proceeds of\nthe sale, he or she is also entitled to one-half of the commissions upon\nthe amount secured, distributed or applied as are allowed by law to an\nexecutor or administrator for receiving and paying out money.\nCommissions in excess of fifty dollars shall not be allowed upon a sum\nbid by a party, and applied upon that party's judgment, without being\npaid to the referee. A referee's compensation, including commissions,\nupon a sale pursuant to a judgment in any action cannot exceed seven\nhundred fifty dollars, unless the property sold for fifty thousand\ndollars or more, in which event the referee may receive such additional\ncompensation as to the court may seem proper.\n (c) This section shall not apply to judicial hearing officers who have\nbeen designated referees.\n