2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 43 - (4301 - R4321) TRIAL BY A REFEREE
4317 - When reference to determine may be used.

 
    §  4317.  When reference to determine may be used. (a) Upon consent of
  the  parties.  The  parties  may  stipulate  that  any  issue  shall  be
  determined  by  a  referee.  Upon the filing of the stipulation with the
  clerk, the clerk shall forthwith enter an order referring the issue  for
  trial  to the referee named therein. Where the stipulation does not name
  a referee, the court shall designate  a  referee.  Leave  of  court  and
  designation  by  it  of  the  referee  is  required  for  references  in
  matrimonial  actions;  actions  against  a  corporation  to   obtain   a
  dissolution, to appoint a receiver of its property, or to distribute its
  property,  unless  such  action  is  brought by the attorney-general; or
  actions where a defendant is an infant.
    (b) Without consent of the parties. On motion of any party or  on  its
  own  initiative, the court may order a reference to determine a cause of
  action or an issue where the trial will require  the  examination  of  a
  long  account,  including  actions  to foreclose mechanic's liens; or to
  determine an issue of damages separately triable  and  not  requiring  a
  trial by jury; or where otherwise authorized by law.
    (c)  Transcript.  Unless  otherwise  stipulated,  a  transcript of the
  testimony together with the exhibits or  copies  thereof  of  the  issue
  heard  before  the referee shall be provided to all the parties involved
  upon payment of appropriate fees.