2006 New York Code - Number Of Referees; Qualifications.

 
    Rule  4312.  Number  of  referees;  qualifications.  1.  A  court  may
  designate either one or three referees; provided,  however,  a  judicial
  hearing  officer  may be designated a referee, in which case there shall
  be only one referee. Except by consent of the parties, no  person  shall
  be designated a referee unless he is an attorney admitted to practice in
  the  state  and  in good standing.  Where a referee may be designated by
  the parties, they may designate any number of referees.
    2. Except in matrimonial actions  or  where  the  reference  is  to  a
  judicial  hearing  officer,  a person to whom all the parties object may
  not be designated as a referee. In matrimonial actions, only a  judicial
  hearing   officer   or   a   special  referee  appointed  by  the  chief
  administrator of the courts may be designated to determine an issue.  In
  a  matrimonial action the court shall not order a reference to a referee
  nominated by a party.
    3. No person shall serve as referee who holds the  position  of  court
  clerk,  or  clerk,  secretary  or stenographer to a judge; or who is the
  partner or clerk of an attorney for any party to the action or  occupies
  the same office with such attorney, except as provided in paragraph five
  of this rule.
    4.  A  judge  shall  not  serve as a referee in an action brought in a
  court of which he is a judge  except  by  the  written  consent  of  the
  parties,  and,  in  that  case,  he  cannot  receive any compensation as
  referee.
    5. In uncontested matrimonial actions, a court clerk,  law  secretary,
  or  any  other non-judicial employee of the court, who is an attorney in
  good standing admitted to practice in the state, may be appointed by  an
  administrative  judge  to serve without fee as a referee for the purpose
  of hearing and reporting to the court.