Senate Bill S8351

Signed By Governor
2017-2018 Legislative Session

Relates to a referee's compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5837 - 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-S8351 (ACTIVE) - Details

See Assembly Version of this Bill:
A5837
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8003, CPLR

2017-S8351 (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-S8351 (ACTIVE) - Sponsor Memo

2017-S8351 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8351
 
                             I N  S E N A T E
 
                                May 2, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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