§ 4201.Powers of referees to report

A referee appointed to inquire and report gathers facts for the court rather than deciding the case outright, but that still requires real investigative tools. Section 4201 gives that referee the power to issue subpoenas, administer oaths, and direct the parties to engage in and permit the kind of disclosure proceedings that will move the referred issues toward resolution.

These powers mirror what an arbitrator can already do under New York law, since a referee to inquire and report, like an arbitrator, gathers information and reports back rather than issuing a binding decision of its own. Because the referee's role stops short of deciding the case, section 4201 does not extend to that referee the broader powers given to a referee appointed to determine issues or to perform other acts, powers appropriate only when the referee's conclusion has independent legal effect.