N.Y. CPLR § 8003

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8003 Referees § 8003. Referees. (a) Generally. A referee is entitled, for each dayspent in the business of the reference, to three hundred fifty dollarsunless a different compensation is fixed by the court or by the consentin writing of all parties not in default for failure to appear or plead.(b) Upon sale of real property. A referee appointed to sell realproperty pursuant to a judgment is entitled to the same fees anddisbursements as those allowed to a sheriff. Where a referee is requiredto take security upon a sale, or to distribute, apply, or ascertain andreport upon the distribution or application of any of the proceeds ofthe sale, he or she is also entitled to one-half of the commissions uponthe amount secured, distributed or applied as are allowed by law to anexecutor or administrator for receiving and paying out money.Commissions in excess of fifty dollars shall not be allowed upon a sumbid by a party, and applied upon that party's judgment, without beingpaid to the referee. A referee's compensation, including commissions,upon a sale pursuant to a judgment in any action cannot exceed sevenhundred fifty dollars, unless the property sold for fifty thousanddollars or more, in which event the referee may receive such additionalcompensation as to the court may seem proper.(c) This section shall not apply to judicial hearing officers who havebeen designated referees.