CPLR § 4314

Successor referee

Rule 4314. Successor referee. Upon being notified that a referee declines or fails to serve, or in the case of the death, resignation or removal of a referee, or if a new trial is granted after a reference, on motion of any party or on its own initiative, the court may designate a successor referee, unless a stipulation upon which the order of reference is based expressly provides otherwise.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/4314

In plain English

If a referee declines, fails to serve, dies, resigns, or is removed, or a new trial is granted after a reference, the court may name a successor referee — on a party's motion or on its own — unless the stipulation behind the reference expressly says otherwise.

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.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.