Assembly Bill A5837

Signed By Governor
2017-2018 Legislative Session

Relates to a referee's compensation

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5837 (ACTIVE) - Details

See Senate Version of this Bill:
S8351
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8003, CPLR

2017-A5837 (ACTIVE) - Summary

Relates to a referee's compensation; increases a referee's compensation generally to three hundred fifty dollars and upon a sale of real property pursuant to a judgment to seven hundred fifty dollars.

2017-A5837 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5837
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  civil  practice law and rules, in relation to a
   referee's compensation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  8003  of  the  civil  practice law and rules, as
 amended by chapter 700 of the laws of 1976, subdivision (b)  as  amended
 by chapter 225 of the laws of 1996 and subdivision (c) as added by chap-
 ter 840 of the laws of 1983, is amended to read as follows:
   §  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.    Commis-
 sions  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  [five]  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.
   § 2. This act shall take effect immediately.

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