N.Y. Civil Practice Law & Rules § 4314: Successor referee

Rule 4314. Successor referee. Upon being notified that a referee

declines or fails to serve, or in the case of the death, resignation or

removal of a referee, or if a new trial is granted after a reference, on

motion of any party or on its own initiative, the court may designate a

successor referee, unless a stipulation upon which the order of

reference is based expressly provides otherwise.