N.Y. Surrogate's Court Procedure Act § 506: Reference to hear and report 1

§ 506. Reference to hear and report

1. In any proceeding other than one instituted for probate of a will

or where a constitutional right to trial by jury exists and is demanded,

the court may appoint a referee to report to the court upon the facts or

upon a specific question of fact or upon the law and the facts. The

report of the referee shall be filed and contain the facts found and the

conclusions of law. No exceptions need be filed to the report.

2. No referee to examine an account rendered or to report questions

arising upon the settlement of the account shall be appointed where the

estate does not exceed $1,000 in value or in any case where the item or

items in such account to which objections have been made do not

aggregate more than $200, except that in any such proceeding the court

may appoint a referee to serve without compensation.

3. A referee shall have the powers granted by CPLR 4201 and shall

conduct the reference in the same manner as a court trying an issue

without a jury. The referee shall file his report within 30 days after

the matter has been finally submitted. Unless otherwise stipulated a

transcript of the testimony together with the exhibits or copies thereof

shall be filed with the report.

4. Upon the motion of any party or on its own initiative the court may

confirm or reject in whole or in part the report of the referee; may

make new findings with or without taking additional testimony or may

order a new reference. Any party to the proceeding may serve notice of

the filing of the report. Unless the motion be made within 60 days after

service of notice of the filing of the report, it shall be deemed

confirmed. Where no issues remain to be tried the court shall file its

decision in writing.

5. The compensation and expenses of such a referee shall be fixed and

allowed as provided by CPLR 8003 (a) and 4321, except as limited by

subdivision 2.

6. (a) Upon the consent of the attorneys for all parties who have

appeared at the hearing, the court may designate the chief clerk, one of

the other clerks, a court attorney or any assistant to take the

testimony in any proceeding other than one where a right to trial by

jury exists and to report to the court upon the facts or upon a specific

question of fact or upon the law and the facts. The report shall be in

writing and shall be filed. It shall state the facts deemed to be

essential, but need not make findings of fact. No exceptions need be

filed to the report. The person so designated must be an attorney at law

and shall have all the powers granted by CPLR 4201 and shall conduct the

reference in the same manner as a court trying an issue without a jury.

A copy of the report shall be sent to the attorney for each party who

appeared at the hearing together with a notice that the report shall be

deemed confirmed as of course unless within ten days from the date of

mailing the report any party shall file with the court, a notice of

motion to modify or overrule the report. Upon motion of any party or

upon its own initiative the court may confirm, modify or reject the

report in whole or in part, may make new findings with or without taking

additional testimony or may order a new hearing.

(b) It shall not be necessary to file a transcript of the testimony

with such report but on a motion to modify or overrule the report any

party may file a copy of the transcript.

(c) Upon the consent of the attorneys for all parties who have

appeared at the hearing, the necessity of the preparation of the report

by the person so designated may be waived and the matter decided by the

court based upon the transcript of the hearing. In such event the

expense of the transcript shall be a charge against the estate, or where

appropriate, as otherwise directed by the court.

(d) The person so designated as referee shall not receive any

compensation from the estate or from any party for his services and

shall be reimbursed for his necessary expenses only as provided in 2609

(3) (a).