Bill Text: NY A05837 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to a referee's compensation; increases a referee's compensation generally to three hundred fifty dollars and upon a sale of real property pursuant to a judgment to seven hundred fifty dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-12-21 - signed chap.376 [A05837 Detail]

Download: New_York-2017-A05837-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5837
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2017
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Judiciary
        AN  ACT  to  amend  the  civil  practice law and rules, in relation to a
          referee's compensation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  8003  of  the  civil  practice law and rules, as
     2  amended by chapter 700 of the laws of 1976, subdivision (b)  as  amended
     3  by chapter 225 of the laws of 1996 and subdivision (c) as added by chap-
     4  ter 840 of the laws of 1983, is amended to read as follows:
     5    §  8003.   Referees.  (a)  Generally.  A referee is entitled, for each
     6  day spent in the business of  the  reference,  to  three  hundred  fifty
     7  dollars  unless a different compensation is fixed by the court or by the
     8  consent in writing of all parties not in default for failure  to  appear
     9  or plead.
    10    (b)    Upon  sale  of  real property. A referee appointed to sell real
    11  property pursuant to a  judgment  is  entitled  to  the  same  fees  and
    12  disbursements as those allowed to a sheriff. Where a referee is required
    13  to  take security upon a sale, or to distribute, apply, or ascertain and
    14  report upon the distribution or application of any of  the  proceeds  of
    15  the sale, he or she is also entitled to one-half of the commissions upon
    16  the  amount  secured, distributed or applied as are allowed by law to an
    17  executor or administrator for receiving and paying out money.    Commis-
    18  sions  in excess of fifty dollars shall not be allowed upon a sum bid by
    19  a party, and applied upon that party's judgment, without being  paid  to
    20  the  referee.  A  referee's  compensation, including commissions, upon a
    21  sale pursuant to a judgment in any action  cannot  exceed  [five]  seven
    22  hundred  fifty  dollars,  unless  the  property  sold for fifty thousand
    23  dollars or more, in which event the referee may receive such  additional
    24  compensation as to the court may seem proper.
    25    (c) This section shall not apply to judicial hearing officers who have
    26  been designated referees.
    27    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09610-01-7