A court may appoint a referee to determine an issue, perform an act, or inquire and report in any case where this power was heretofore exercised and as may be hereafter authorized by law.
§ 4001.Powers of referees
Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4001 gives courts broad authority to appoint a referee to determine an issue, perform a task, or investigate and report back, tracking whatever referee powers existed before and any added since.
Full Text of CPLR 4001
Plain-English Summary
CPLR 4001 is a single, broad grant of authority: a court may appoint a referee to determine an issue, perform an act, or inquire and report, in any situation where that power was used before this section was enacted or has been authorized since.
The three roles cover different jobs. A referee who determines an issue decides it, subject to whatever confirmation practice applies elsewhere in the CPLR. A referee who performs an act carries out a defined task, such as supervising a sale or computing an amount due. A referee who inquires and reports investigates facts and reports findings back to the court without deciding anything.
Referees turn up throughout New York litigation: computing damages, overseeing accountings and sales, resolving discovery disputes, and more. This section works as a foundation, letting more specific statutes and rules put referees to use without needing a fresh grant of authority each time.
Frequently Asked Questions
What is a court-appointed referee in New York civil practice?
A referee is a person a court appoints under CPLR 4001 to determine an issue, perform an act, or inquire into facts and report back, standing in for the court on a defined task.
What can a referee do under CPLR 4001?
A referee can determine an issue, perform an act, or inquire and report, covering any function referees have traditionally handled or that later law authorizes.
What's the difference between a referee who determines an issue and one who reports?
A referee who determines an issue decides it, while a referee who inquires and reports investigates and presents findings to the court without deciding the matter.
Does CPLR 4001 set out how a referee is appointed?
No. CPLR 4001 grants the underlying power to appoint a referee; the procedures for appointment and confirmation appear in other CPLR provisions and court rules.
Are referees paid by the state or by the parties in New York cases?
CPLR 4001 does not address compensation; payment arrangements depend on the specific rule or order under which the referee is appointed.
Advisory Committee Notes
This section authorizes the appointment of non-official referees. The authorization is broadly drafted to encompass the various situations in which referees have been traditionally appointed. It replaces the partial enumerations in CPA §§ 80, 464–467 and 785. Thus, for example, the functions of a referee to perform acts included the ministerial acts which were assignable to clerks and masters in chancery, such as selling property, approving undertakings and sureties in making assessments. See Blake, Practice of the Court of Chancery in the State of New York 11,221 (1818). The operative language of the section is similar to § 301, which perpetuates the former jurisdiction of the courts.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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