New York County - Civil Branch
References and Referees
REFERENCES AND REFEREES
Concerning: Referees / Types of References / The Special Referee Clerk (Room 119) /
Reference Calendar (Part 50 R) / Information on Pending References (CCIS) /
Reports of Referees - Availability
From time to time Justices refer issues to Court Attorney-Referees (formerly Special Referees), who are court employees, to hear and report or to hear and determine. (Subject to certain limitations, persons outside the court may be designated Referees.)
Most references are to hear and report, meaning that the Referee holds an evidentiary hearing if required and issues a report containing recommended findings and conclusions. A transcript of the hearing can be produced but its filing may be waived by the parties. After a report has been filed, the plaintiff must move to confirm or reject all or part of the report within 15 days. CPLR 4403; Uniform Rule 202.44(a). A referee may also be appointed to supervise disclosure. CPLR 3104.
On a reference to determine, the Referee decides the matter referred. There is nothing for the referring Justice to confirm or reject. Any appeal is taken directly to the Appellate Division from the entered order or judgment of the Referee. Because of the constitutional right to a jury trial, the court's power to order references to determine is circumscribed. CPLR 4317. The court may order such a reference on consent (with a few exceptions) or in the case of a long account, or where otherwise constitutionally permitted, i.e., issues in which references were permitted historically. The parties may also, with few limits, designate their own referee.
Pursuant to an Administrative Order of the Presiding Justice of the Appellate Division, First Department, and the Administrative Judge of Supreme Court, Civil Branch, New York County, dated August 10, 2005, a Referee has been designated to conduct conferences or hearings to assure compliance with court orders and relevant statutory provisions in cases under Article 81 of the Mental Hygiene Law.
An order of reference must make clear the exact issue being referred and any and all constraints on the Referee.
The court, through its Special Referee Clerk (Room 119, 646-386-3028), will endeavor to identify decisions in which a reference to a Court-Attorney Referee is directed by a Justice and to calendar same promptly after issuance without the need for action by counsel. A box has been placed on the court's decision form ("gray sheet") so that the assigned Justice can use this means to notify the Special Referee Clerk that a reference is being directed. The Clerk will contact counsel and advise of the date scheduled for an appearance on the Reference Calendar in the Referees Part (Part 50 R). However, in order to ensure against inadvertent delay, counsel must, as soon as possible after issuance of the decision (which will in most cases be posted on the court's website promptly after issuance) and in any event within 60 days thereof, serve a copy on the Special Referee Clerk. Counsel are strongly urged to act immediately. The submitting party must also complete an information sheet available in Room 119. For access to a copy of this form, click here.
The matter will be placed on the calendar for some weeks after notice of the reference comes to the attention of the Special Referee Clerk. The Reference Calendar is run Monday through Thursday by Administrative Judge Jacqueline W. Silbermann (Part 50 R, Room 228). Judge Silbermann will rule on requests for adjournments and send ready matters out to a Referee for a hearing. Cases are normally assigned to a Referee on the original hearing date in the Referees Part and the reference hearing normally commences on the original date unless adjourned by the parties in accordance with the procedures of the Part. For the rules of the Part, information on adjournments, a list of the Referees, etc., click here (look under "Basic Information" for Justice Silbermann).
Calendar information on cases pending in the Referees Part and on those that have been referred therefrom to a Referee is recorded in the court's computer system (the Civil Case Information System) and it is reported in the Supreme Court Records On-Line Library ("SCROLL") on this website. This data is also made available to attorneys' tracking services. When the Referee’s report is ready, it is transmitted to the Special Referee Clerk (Room 119) for processing. Reports issued by the Referees are posted on the website of the court within hours after their issuance, except in matrimonial matters, Article 81 cases, sealed cases or where the Referee directs otherwise.
September 2006
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