Bill Text: NY S08351 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A5837 [S08351 Detail]

Download: New_York-2017-S08351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8351
                    IN SENATE
                                       May 2, 2018
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed 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