N.Y. CPLR § 4317

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4317 When reference to determine may be used § 4317. When reference to determine may be used. (a) Upon consent ofthe parties. The parties may stipulate that any issue shall bedetermined by a referee. Upon the filing of the stipulation with theclerk, the clerk shall forthwith enter an order referring the issue fortrial to the referee named therein. Where the stipulation does not namea referee, the court shall designate a referee. Leave of court anddesignation by it of the referee is required for references inmatrimonial actions; actions against a corporation to obtain adissolution, to appoint a receiver of its property, or to distribute itsproperty, unless such action is brought by the attorney-general; oractions where a defendant is an infant.(b) Without consent of the parties. On motion of any party or on itsown initiative, the court may order a reference to determine a cause ofaction or an issue where the trial will require the examination of along account, including actions to foreclose mechanic's liens; or todetermine an issue of damages separately triable and not requiring atrial by jury; or where otherwise authorized by law.(c) Transcript. Unless otherwise stipulated, a transcript of thetestimony together with the exhibits or copies thereof of the issueheard before the referee shall be provided to all the parties involvedupon payment of appropriate fees.