N.Y. SCP Law § 506 — New York Code / Act SCP / Article 5 / Section 506
Reference to hear and report 1
Status: in_force

§ 506. Reference to hear and report\n  1. In any proceeding other than one instituted for probate of a will\nor where a constitutional right to trial by jury exists and is demanded,\nthe court may appoint a referee to report to the court upon the facts or\nupon a specific question of fact or upon the law and the facts. The\nreport of the referee shall be filed and contain the facts found and the\nconclusions of law. No exceptions need be filed to the report.\n  2. No referee to examine an account rendered or to report questions\narising upon the settlement of the account shall be appointed where the\nestate does not exceed $1,000 in value or in any case where the item or\nitems in such account to which objections have been made do not\naggregate more than $200, except that in any such proceeding the court\nmay appoint a referee to serve without compensation.\n  3. A referee shall have the powers granted by CPLR 4201 and shall\nconduct the reference in the same manner as a court trying an issue\nwithout a jury. The referee shall file his report within 30 days after\nthe matter has been finally submitted. Unless otherwise stipulated a\ntranscript of the testimony together with the exhibits or copies thereof\nshall be filed with the report.\n  4. Upon the motion of any party or on its own initiative the court may\nconfirm or reject in whole or in part the report of the referee; may\nmake new findings with or without taking additional testimony or may\norder a new reference. Any party to the proceeding may serve notice of\nthe filing of the report. Unless the motion be made within 60 days after\nservice of notice of the filing of the report, it shall be deemed\nconfirmed. Where no issues remain to be tried the court shall file its\ndecision in writing.\n  5. The compensation and expenses of such a referee shall be fixed and\nallowed as provided by CPLR 8003 (a) and 4321, except as limited by\nsubdivision 2.\n  6. (a) Upon the consent of the attorneys for all parties who have\nappeared at the hearing, the court may designate the chief clerk, one of\nthe other clerks, a court attorney or any assistant to take the\ntestimony in any proceeding other than one where a right to trial by\njury exists and to report to the court upon the facts or upon a specific\nquestion of fact or upon the law and the facts.  The report shall be in\nwriting and shall be filed. It shall state the facts deemed to be\nessential, but need not make findings of fact. No exceptions need be\nfiled to the report. The person so designated must be an attorney at law\nand shall have all the powers granted by CPLR 4201 and shall conduct the\nreference in the same manner as a court trying an issue without a jury.\nA copy of the report shall be sent to the attorney for each party who\nappeared at the hearing together with a notice that the report shall be\ndeemed confirmed as of course unless within ten days from the date of\nmailing the report any party shall file with the court, a notice of\nmotion to modify or overrule the report. Upon motion of any party or\nupon its own initiative the court may confirm, modify or reject the\nreport in whole or in part, may make new findings with or without taking\nadditional testimony or may order a new hearing.\n  (b) It shall not be necessary to file a transcript of the testimony\nwith such report but on a motion to modify or overrule the report any\nparty may file a copy of the transcript.\n  (c) Upon the consent of the attorneys for all parties who have\nappeared at the hearing, the necessity of the preparation of the report\nby the person so designated may be waived and the matter decided by the\ncourt based upon the transcript of the hearing. In such event the\nexpense of the transcript shall be a charge against the estate, or where\nappropriate, as otherwise directed by the court.\n  (d) The person so designated as referee shall not receive any\ncompensation from the estate or from any party for his services and\nshall be reimbursed for his necessary expenses only as provided in 2609\n(3) (a).\n