§ 119. Official referees of the city court of the city of New York. Every official referee of the city court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee, without any compensation to be paid by the parties, to hear and report upon or to hear and determine: (1) any action, claim, matter, motion or special proceeding pending in the city court of the city of New York, referable by statute or the rules and practice of said court, in which the justice making the order of reference shall deem that for any reason the expenses of such reference shall not be borne by the parties to such action, claim, matter, motion or proceeding; (2) any action, claim, matter or special proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties to an action, claim, matter, motion or proceeding referred, any fee or compensation for any service as such referee. If the services of a stenographer should be required in the action, claim, matter, motion or proceeding, such stenographer shall be selected by said referee from the official stenographers of the city court and the parties shall not be required to pay any of the fees of such stenographer for taking the testimony or furnishing one copy thereof to the referee if the referee shall order such copy.
The justices of the appellate division in each department shall have power to fix the times and places for the hearing of references by official referees of the city court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.
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