Powers of referee to determine
§ 4301. Powers of referee to determine. A referee to determine an issue or to perform an act shall have all the powers of a court in performing a like function; but he shall have no power to relieve himself of his duties, to appoint a successor or to adjudge any person except a witness before him guilty of contempt. For the purposes of this article, the term referee shall be deemed to include judicial hearing officer.
A referee assigned to decide an issue or perform an act has all the powers of a court doing that same job. But three things a referee can NEVER do ★:
1. Relieve himself of his duties (can't quit the job on his own),
2. Appoint his own successor, and
3. Hold anyone in contempt — except a witness in front of him. ★
★ For this article, "referee" includes a Judicial Hearing Officer (JHO)."
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.