New York State - Judiciary - JUD - Article 4-A
ARTICLE 4-a OFFICIAL REFEREES
Section 114. Retired judges of the court of appeals.
115. Retired justices of the supreme court.
116. Official referees.
117. Powers of official referees.
118. Expenses of official referees of the supreme court.
119. Official referees of the city court of the city of New York.
120. Official referees of the court of claims.
121. Official referees of the municipal court of the city of New York.
121-a. Assignment of official referees.
122. Compensation of official referees.
123. Restrictions on official referees.
124. Suspension and removal of official referees.
125. Future official referees.
§ 114. Retired judges of the court of appeals. 1. Any judge of the court of appeals, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application, be certified by the administrative board for service as a justice of the supreme court upon findings (a) that he has the mental and physical capacity to perform the duties of such office and (b) that his services are necessary to expedite the business of the supreme court. A copy of such certificate shall be filed with the appellate division of the department in which such retired judge resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years beginning on the date of filing the certificate. At the expiration of such term, the retired judge may be certified for additional terms of two years each by the administrative board upon findings of continued mental and physical capacity and need for his services. No retired judge may serve under any such certification beyond the last day of December in the year in which he reaches the age of seventy-six.
3. A retired judge so certified shall for all purposes, other than determining the number of justices in a judicial district for the purposes of subdivision d of section six of article six of the constitution and section one hundred forty-a of this chapter, but including powers, duties, salary, status and rights, be a justice of the supreme court in the district in which he resides when so certified. A retired judge shall be subject to assignment by the appellate division of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a judge who has not yet reached the age of seventy-six and who reached the age of seventy and retired as a judge of the court of appeals prior to the effective date of this section.
§ 115. Retired justices of the supreme court. 1. Any justice of the supreme court, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application, be certified by the administrative board for service as a retired justice of the supreme court upon findings (a) that he has the mental and physical capacity to perform the duties of such office and (b) that his services are necessary to expedite the business of the supreme court. A copy of such certificate shall be filed with the appellate division of the department in which such retired justice resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years beginning on the date of filing the certificate. At the expiration of such term the retired justice may be certified for additional terms of two years each by the administrative board upon findings of continued mental and physical capacity and need for his services. No retired justice may serve under any such certification beyond the last day of December in the year in which he reaches the age of seventy-six.
3. A retired justice so certified shall for all purposes, other than determining the number of justices in a judicial district for the purposes of subdivision d of section six of article six of the constitution and section one hundred forty-a of this chapter, but including powers, duties, salary, status and rights, be a justice of the supreme court in the district in which he resides when so certified. A retired justice shall be subject to assignment by the appellate division of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a justice of the supreme court, a judge of the county court of a county within the city of New York, and a judge of the court of general sessions of the county of New York who has not yet reached the age of seventy-six and who reached the age of seventy and retired as such justice or judge prior to the effective date of this section.
§ 116. Official referees. Official referees in office on the effective date of this section shall, for the remainder of their terms for which they were appointed or certified, be official referees of the court in which they were appointed or certified as such or the successor court, as the case may be. At the expiration of the term of an official referee of the court of appeals or the supreme court, his office shall be abolished and he shall be subject to the provisions of section one hundred fourteen or one hundred fifteen of this chapter.
§ 117. Powers of official referees. As to all motions, actions or proceedings submitted to an official referee by stipulation of the parties appearing therein, or order of the court, except matrimonial actions, the same shall be deemed duly referred to said official referee and he shall proceed therein with the same power and authority as a justice presiding at a regular special term of the supreme court and entertain and grant motions for a new trial, grant stays and orders to show cause, and he shall have similar jurisdiction and authority as to any other action or proceeding referred to him by order of the supreme court including matrimonial actions. Every official referee shall have the power to administer oaths and take acknowledgments; the violation of an order of such official referee may be punished as for a contempt of court by the court at special term.
§ 118. Expenses of official referees of the supreme court. Each official referee of the supreme court hereby continued in office shall be furnished with all necessary office room and supplies, which shall be a charge upon the county in which he resides.
§ 119. Official referees of the city court of the city of New York. Every official referee of the city court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee, without any compensation to be paid by the parties, to hear and report upon or to hear and determine: (1) any action, claim, matter, motion or special proceeding pending in the city court of the city of New York, referable by statute or the rules and practice of said court, in which the justice making the order of reference shall deem that for any reason the expenses of such reference shall not be borne by the parties to such action, claim, matter, motion or proceeding; (2) any action, claim, matter or special proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties to an action, claim, matter, motion or proceeding referred, any fee or compensation for any service as such referee. If the services of a stenographer should be required in the action, claim, matter, motion or proceeding, such stenographer shall be selected by said referee from the official stenographers of the city court and the parties shall not be required to pay any of the fees of such stenographer for taking the testimony or furnishing one copy thereof to the referee if the referee shall order such copy.
The justices of the appellate division in each department shall have power to fix the times and places for the hearing of references by official referees of the city court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.
§ 120. Official referees of the court of claims. Every official referee of the court of claims in the four respective judicial departments who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee, at the time this section as hereby amended takes effect, may continue to hear and determine or hear and report upon any claim against the state referred to him by the court of claims, upon the consent of the attorney-general and the claimant. He shall receive no compensation from the parties for his services as such referee. Such a referee also shall render such temporary assistance to the court of claims as he shall be designated to perform by the presiding judge thereof, whenever such court requires such assistance because of the illness of a judge or his disqualification to hear a particular matter, and also whenever there is such an accumulation of work before the court as to render such assistance necessary in order to enable it promptly to dispose of the business before it. When so assisting such court, under designation from the presiding judge, such referee shall be deemed an acting judge of the court and shall have the powers and jurisdiction of a judge of such court.
§ 121. Official referees of the municipal court of the city of New York. Every official referee of the municipal court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee and to hear and report upon or to hear and determine any action, claim, motion, matter or proceeding referred to him as provided in this section.
To any such official referee of the municipal court of the city of New York there may be referred to hear and report upon or to hear and determine by the president justice or acting president justice of that court any action, matter, claim, motion or proceeding pending in such court which now or hereafter may be referable by statute or rules and practice of court, in which the president justice or acting president justice shall deem that for any reason the expense of such reference should not be borne by the parties to such action, claim, matter, motion or proceeding, and such official referee of the municipal court of the city of New York shall not charge or receive from the parties to the action, claim, motion, matter or proceeding referred to him any fee or compensation for any services rendered as such referee. The justices of the appellate division in each department shall also have power to fix the times and places for the hearing of references by the official referees of the municipal court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.
If the services of a stenographer shall be required in the action, claim, matter, motion or proceeding so referred, an official stenographer shall be selected by such official referee of the municipal court of the city of New York from the official stenographers of that court, and the parties to the action, claim, matter, motion or proceeding shall not be required to pay any of the fees of such stenographer for taking the testimony and furnishing one copy thereof to the referee if the referee shall order such copy.
§ 121-a. Assignment of official referees. The justices of the appellate division in each department shall have power to fix the time and places for the hearing of references within their respective departments by the official referees of the supreme court.
Every official referee shall devote his whole time to the duties of his office. The work of official referees shall be regularly reviewed by the justices of the appellate divisions of the supreme court. Official referees may be assigned for service as in any county, judicial department or district, without regard to his place of residence or district or department of appointment and when so assigned shall perform all of the duties regularly discharged by an official referee. The several appellate divisions of the supreme court shall promptly adopt rules and procedures for the requisition, transfer and assignment of official referees.
§ 122. Compensation of official referees. Every official referee continued in office and serving under the provisions of this article shall receive as compensation one-half of the amount now or hereafter paid to the incumbent of the office which he held prior to his retirement; provided, however, that any official referee of the municipal court of the city of New York in the first or second judicial department so continued in office shall receive as compensation three-fourths of the amount paid to the incumbent of the office which he held prior to his retirement. Any official referee of the city court of the city of New York who is serving as such on April tenth, nineteen hundred forty-six, shall be entitled to receive as compensation, two-thirds of the amount paid to the incumbent of the office which he held prior to his retirement. Any official referee of the supreme court heretofore or hereafter appointed who shall be assigned for service as such official referee in any county outside of the county wherein he resides, and any official referee of the court of appeals who shall be assigned for service as such official referee in any county outside of the county wherein he resides, shall receive in addition to the compensation provided for by this chapter, his actual traveling expenses from his residence to the place in such county where he has been assigned for services as such official referee and, if such place is less than twenty-five miles from his residence, the sum of ten dollars per diem and if such place where he has been so assigned is more than twenty-five miles from his residence the sum of twenty dollars per diem and he shall receive such additional moneys during the time that he is actually engaged in rendering services as an official referee in such county. The manner of payment of such compensation and its sources are to be the same as in the case of the incumbent of the office from which such official referee has retired.
§ 123. Restrictions on official referees. No official referee continued in office and serving under this article, as amended, shall during his continuance in office, other than as member of a constitutional convention, or the incumbent of a non-salaried office in the educational system of the state hold any other public office or trust, elective or appointive, practice law, act as attorney or counsellor in any court of this state, or act as receiver or commissioner, or unofficial referee in any court, but shall devote his whole time and capacity to the duties of his office as such official referee.
§ 124. Suspension and removal of official referees. Any official referee continued in office and serving under the provisions of this article, as amended, except an official referee of the court of appeals, may be suspended or removed by the justices of the appellate division in the department in which the appointment was made.
§ 125. Future official referees. Except as otherwise provided in this article, no retired judge or justice of any court of this state shall hereafter be designated or act as official referee under the provisions of this article and the right heretofore existing of judges and justices to act as official referee pursuant to appointment or without appointment, except as otherwise provided in this article, is hereby abolished. The term of office of each official referee qualifying, pursuant to the provisions of this article, after the date when this act becomes effective shall, notwithstanding any other provision in this article, expire automatically on the thirty-first day of December in the year in which he will have attained the age of seventy-six years.
Section 114. Retired judges of the court of appeals.
115. Retired justices of the supreme court.
116. Official referees.
117. Powers of official referees.
118. Expenses of official referees of the supreme court.
119. Official referees of the city court of the city of New York.
120. Official referees of the court of claims.
121. Official referees of the municipal court of the city of New York.
121-a. Assignment of official referees.
122. Compensation of official referees.
123. Restrictions on official referees.
124. Suspension and removal of official referees.
125. Future official referees.
§ 114. Retired judges of the court of appeals. 1. Any judge of the court of appeals, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application, be certified by the administrative board for service as a justice of the supreme court upon findings (a) that he has the mental and physical capacity to perform the duties of such office and (b) that his services are necessary to expedite the business of the supreme court. A copy of such certificate shall be filed with the appellate division of the department in which such retired judge resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years beginning on the date of filing the certificate. At the expiration of such term, the retired judge may be certified for additional terms of two years each by the administrative board upon findings of continued mental and physical capacity and need for his services. No retired judge may serve under any such certification beyond the last day of December in the year in which he reaches the age of seventy-six.
3. A retired judge so certified shall for all purposes, other than determining the number of justices in a judicial district for the purposes of subdivision d of section six of article six of the constitution and section one hundred forty-a of this chapter, but including powers, duties, salary, status and rights, be a justice of the supreme court in the district in which he resides when so certified. A retired judge shall be subject to assignment by the appellate division of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a judge who has not yet reached the age of seventy-six and who reached the age of seventy and retired as a judge of the court of appeals prior to the effective date of this section.
§ 115. Retired justices of the supreme court. 1. Any justice of the supreme court, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application, be certified by the administrative board for service as a retired justice of the supreme court upon findings (a) that he has the mental and physical capacity to perform the duties of such office and (b) that his services are necessary to expedite the business of the supreme court. A copy of such certificate shall be filed with the appellate division of the department in which such retired justice resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years beginning on the date of filing the certificate. At the expiration of such term the retired justice may be certified for additional terms of two years each by the administrative board upon findings of continued mental and physical capacity and need for his services. No retired justice may serve under any such certification beyond the last day of December in the year in which he reaches the age of seventy-six.
3. A retired justice so certified shall for all purposes, other than determining the number of justices in a judicial district for the purposes of subdivision d of section six of article six of the constitution and section one hundred forty-a of this chapter, but including powers, duties, salary, status and rights, be a justice of the supreme court in the district in which he resides when so certified. A retired justice shall be subject to assignment by the appellate division of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a justice of the supreme court, a judge of the county court of a county within the city of New York, and a judge of the court of general sessions of the county of New York who has not yet reached the age of seventy-six and who reached the age of seventy and retired as such justice or judge prior to the effective date of this section.
§ 116. Official referees. Official referees in office on the effective date of this section shall, for the remainder of their terms for which they were appointed or certified, be official referees of the court in which they were appointed or certified as such or the successor court, as the case may be. At the expiration of the term of an official referee of the court of appeals or the supreme court, his office shall be abolished and he shall be subject to the provisions of section one hundred fourteen or one hundred fifteen of this chapter.
§ 117. Powers of official referees. As to all motions, actions or proceedings submitted to an official referee by stipulation of the parties appearing therein, or order of the court, except matrimonial actions, the same shall be deemed duly referred to said official referee and he shall proceed therein with the same power and authority as a justice presiding at a regular special term of the supreme court and entertain and grant motions for a new trial, grant stays and orders to show cause, and he shall have similar jurisdiction and authority as to any other action or proceeding referred to him by order of the supreme court including matrimonial actions. Every official referee shall have the power to administer oaths and take acknowledgments; the violation of an order of such official referee may be punished as for a contempt of court by the court at special term.
§ 118. Expenses of official referees of the supreme court. Each official referee of the supreme court hereby continued in office shall be furnished with all necessary office room and supplies, which shall be a charge upon the county in which he resides.
§ 119. Official referees of the city court of the city of New York. Every official referee of the city court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee, without any compensation to be paid by the parties, to hear and report upon or to hear and determine: (1) any action, claim, matter, motion or special proceeding pending in the city court of the city of New York, referable by statute or the rules and practice of said court, in which the justice making the order of reference shall deem that for any reason the expenses of such reference shall not be borne by the parties to such action, claim, matter, motion or proceeding; (2) any action, claim, matter or special proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties to an action, claim, matter, motion or proceeding referred, any fee or compensation for any service as such referee. If the services of a stenographer should be required in the action, claim, matter, motion or proceeding, such stenographer shall be selected by said referee from the official stenographers of the city court and the parties shall not be required to pay any of the fees of such stenographer for taking the testimony or furnishing one copy thereof to the referee if the referee shall order such copy.
The justices of the appellate division in each department shall have power to fix the times and places for the hearing of references by official referees of the city court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.
§ 120. Official referees of the court of claims. Every official referee of the court of claims in the four respective judicial departments who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee, at the time this section as hereby amended takes effect, may continue to hear and determine or hear and report upon any claim against the state referred to him by the court of claims, upon the consent of the attorney-general and the claimant. He shall receive no compensation from the parties for his services as such referee. Such a referee also shall render such temporary assistance to the court of claims as he shall be designated to perform by the presiding judge thereof, whenever such court requires such assistance because of the illness of a judge or his disqualification to hear a particular matter, and also whenever there is such an accumulation of work before the court as to render such assistance necessary in order to enable it promptly to dispose of the business before it. When so assisting such court, under designation from the presiding judge, such referee shall be deemed an acting judge of the court and shall have the powers and jurisdiction of a judge of such court.
§ 121. Official referees of the municipal court of the city of New York. Every official referee of the municipal court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee and to hear and report upon or to hear and determine any action, claim, motion, matter or proceeding referred to him as provided in this section.
To any such official referee of the municipal court of the city of New York there may be referred to hear and report upon or to hear and determine by the president justice or acting president justice of that court any action, matter, claim, motion or proceeding pending in such court which now or hereafter may be referable by statute or rules and practice of court, in which the president justice or acting president justice shall deem that for any reason the expense of such reference should not be borne by the parties to such action, claim, matter, motion or proceeding, and such official referee of the municipal court of the city of New York shall not charge or receive from the parties to the action, claim, motion, matter or proceeding referred to him any fee or compensation for any services rendered as such referee. The justices of the appellate division in each department shall also have power to fix the times and places for the hearing of references by the official referees of the municipal court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.
If the services of a stenographer shall be required in the action, claim, matter, motion or proceeding so referred, an official stenographer shall be selected by such official referee of the municipal court of the city of New York from the official stenographers of that court, and the parties to the action, claim, matter, motion or proceeding shall not be required to pay any of the fees of such stenographer for taking the testimony and furnishing one copy thereof to the referee if the referee shall order such copy.
§ 121-a. Assignment of official referees. The justices of the appellate division in each department shall have power to fix the time and places for the hearing of references within their respective departments by the official referees of the supreme court.
Every official referee shall devote his whole time to the duties of his office. The work of official referees shall be regularly reviewed by the justices of the appellate divisions of the supreme court. Official referees may be assigned for service as in any county, judicial department or district, without regard to his place of residence or district or department of appointment and when so assigned shall perform all of the duties regularly discharged by an official referee. The several appellate divisions of the supreme court shall promptly adopt rules and procedures for the requisition, transfer and assignment of official referees.
§ 122. Compensation of official referees. Every official referee continued in office and serving under the provisions of this article shall receive as compensation one-half of the amount now or hereafter paid to the incumbent of the office which he held prior to his retirement; provided, however, that any official referee of the municipal court of the city of New York in the first or second judicial department so continued in office shall receive as compensation three-fourths of the amount paid to the incumbent of the office which he held prior to his retirement. Any official referee of the city court of the city of New York who is serving as such on April tenth, nineteen hundred forty-six, shall be entitled to receive as compensation, two-thirds of the amount paid to the incumbent of the office which he held prior to his retirement. Any official referee of the supreme court heretofore or hereafter appointed who shall be assigned for service as such official referee in any county outside of the county wherein he resides, and any official referee of the court of appeals who shall be assigned for service as such official referee in any county outside of the county wherein he resides, shall receive in addition to the compensation provided for by this chapter, his actual traveling expenses from his residence to the place in such county where he has been assigned for services as such official referee and, if such place is less than twenty-five miles from his residence, the sum of ten dollars per diem and if such place where he has been so assigned is more than twenty-five miles from his residence the sum of twenty dollars per diem and he shall receive such additional moneys during the time that he is actually engaged in rendering services as an official referee in such county. The manner of payment of such compensation and its sources are to be the same as in the case of the incumbent of the office from which such official referee has retired.
§ 123. Restrictions on official referees. No official referee continued in office and serving under this article, as amended, shall during his continuance in office, other than as member of a constitutional convention, or the incumbent of a non-salaried office in the educational system of the state hold any other public office or trust, elective or appointive, practice law, act as attorney or counsellor in any court of this state, or act as receiver or commissioner, or unofficial referee in any court, but shall devote his whole time and capacity to the duties of his office as such official referee.
§ 124. Suspension and removal of official referees. Any official referee continued in office and serving under the provisions of this article, as amended, except an official referee of the court of appeals, may be suspended or removed by the justices of the appellate division in the department in which the appointment was made.
§ 125. Future official referees. Except as otherwise provided in this article, no retired judge or justice of any court of this state shall hereafter be designated or act as official referee under the provisions of this article and the right heretofore existing of judges and justices to act as official referee pursuant to appointment or without appointment, except as otherwise provided in this article, is hereby abolished. The term of office of each official referee qualifying, pursuant to the provisions of this article, after the date when this act becomes effective shall, notwithstanding any other provision in this article, expire automatically on the thirty-first day of December in the year in which he will have attained the age of seventy-six years.
