CPLR § 4320

Reference to report

§ 4320. Reference to report. (a) Conduct of trial. A referee to report shall conduct the trial in the same manner as a court trying an issue without a jury.

(b) Report; transcript. The referee shall file his report, setting forth findings of fact and conclusions of law, within thirty days after the cause or matter is finally submitted. Unless otherwise stipulated, a transcript of the testimony together with the exhibits or copies thereof shall be filed with the report.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/4320

In plain English

(a) A referee to report also runs the trial like a non-jury court trial.

(b) The referee files a report with findings of fact and conclusions of law within 30 days after final submission. ★ Unless stipulated otherwise, a transcript plus exhibits is filed with the report. (Unlike a § 4319 decision, a report is a recommendation the court still acts on — it does not stand as the court's own decision.) ★

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.