Legislation
SECTION 121
Official referees of the municipal court of the city of New York
Judiciary (JUD) CHAPTER 30, ARTICLE 4-A
§ 121. Official referees of the municipal court of the city of New
York. Every official referee of the municipal 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 and to hear and report upon
or to hear and determine any action, claim, motion, matter or proceeding
referred to him as provided in this section.
To any such official referee of the municipal court of the city of New
York there may be referred to hear and report upon or to hear and
determine by the president justice or acting president justice of that
court any action, matter, claim, motion or proceeding pending in such
court which now or hereafter may be referable by statute or rules and
practice of court, in which the president justice or acting president
justice shall deem that for any reason the expense of such reference
should not be borne by the parties to such action, claim, matter, motion
or proceeding, and such official referee of the municipal court of the
city of New York shall not charge or receive from the parties to the
action, claim, motion, matter or proceeding referred to him any fee or
compensation for any services rendered as such referee. The justices of
the appellate division in each department shall also have power to fix
the times and places for the hearing of references by the official
referees of the municipal 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.
If the services of a stenographer shall be required in the action,
claim, matter, motion or proceeding so referred, an official
stenographer shall be selected by such official referee of the municipal
court of the city of New York from the official stenographers of that
court, and the parties to the action, claim, matter, motion or
proceeding shall not be required to pay any of the fees of such
stenographer for taking the testimony and furnishing one copy thereof to
the referee if the referee shall order such copy.
York. Every official referee of the municipal 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 and to hear and report upon
or to hear and determine any action, claim, motion, matter or proceeding
referred to him as provided in this section.
To any such official referee of the municipal court of the city of New
York there may be referred to hear and report upon or to hear and
determine by the president justice or acting president justice of that
court any action, matter, claim, motion or proceeding pending in such
court which now or hereafter may be referable by statute or rules and
practice of court, in which the president justice or acting president
justice shall deem that for any reason the expense of such reference
should not be borne by the parties to such action, claim, matter, motion
or proceeding, and such official referee of the municipal court of the
city of New York shall not charge or receive from the parties to the
action, claim, motion, matter or proceeding referred to him any fee or
compensation for any services rendered as such referee. The justices of
the appellate division in each department shall also have power to fix
the times and places for the hearing of references by the official
referees of the municipal 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.
If the services of a stenographer shall be required in the action,
claim, matter, motion or proceeding so referred, an official
stenographer shall be selected by such official referee of the municipal
court of the city of New York from the official stenographers of that
court, and the parties to the action, claim, matter, motion or
proceeding shall not be required to pay any of the fees of such
stenographer for taking the testimony and furnishing one copy thereof to
the referee if the referee shall order such copy.