The decision of a referee shall comply with the requirements for a decision by the court and shall stand as the decision of a court. Unless otherwise specified in the order of reference, the referee shall file his decision within thirty days after the cause or matter is finally submitted. If it is not filed within the required time, upon the motion of a party before it is filed, the court may grant a new trial and, in that event, the referee shall not be entitled to any fees.
§ 4319.Decision.
Article 43. Trial by a Referee · Last amended 1963 · Last verified July 21, 2026
In one sentenceA referee's decision must meet the same requirements as a court's decision and carries the same weight, and it must be filed within thirty days of final submission or a party can move for a new trial and the referee forfeits his fee.
Full Text of CPLR 4319
Plain-English Summary
CPLR 4319 puts a referee's decision on equal footing with a judge's: it has to satisfy the same requirements that apply to any court decision, and once filed, it stands as the decision of the court, with no further approval needed.
The rule also polices delay. Absent a different deadline in the order of reference, the referee has thirty days after the matter is finally submitted to file the decision. If that deadline passes and a party moves before the decision is filed, the court can order a new trial, and the referee loses any right to be paid for the work.
Frequently Asked Questions
How long does a referee have to file a decision?
Thirty days after the cause or matter is finally submitted, unless the order of reference sets a different deadline.
What happens if a referee misses the deadline to file a decision?
A party can move, before the decision is filed, for a new trial; if the court grants that motion, the referee is not entitled to any fees.
Does a referee's decision need court approval to take effect?
No. CPLR 4319 makes the referee's decision stand as the decision of the court once it meets the usual requirements for a court decision.
Does a referee's decision only carry the weight of a court decision if the whole case was referred?
No. CPLR 4319 gives the decision the standing of a court decision whenever the order of reference authorizes the referee to determine the issues referred, whether or not every issue in the action went to the referee.
Can a referee deliver the decision to a party instead of filing it with the court?
No. CPLR 4319 requires the decision to be filed, unlike some earlier practice that allowed delivery to a party instead, a change made to prevent delay in later proceedings.
Advisory Committee Notes
This section is based upon CPA § 470. Subparagraph 2 of § 470 read: “Where the whole issue is an issue of fact, the report of the referee stands as a decision of the court.” It has been construed to require a reference to determine where all the issues in the action have been referred, regardless of the direction in the order of reference, in the absence of statutory provisions to the contrary. Frank v Wolfe, 166 Misc 415, 417, 2 NYS2d 548, 550 (Sup Ct 1938). Under the new CPLR, the order of reference governs, except where the order exceeds the authority of the court. See rules 4311 to 4315. The report has the standing of a court decision where the referee has been authorized to determine the issues referred by the order of reference, regardless of whether all the issues in the action have been referred. CPA § 471, which provided for requests for findings of fact and conclusions of law, has been omitted, since § 4213(a) applies to referees and covers the matter. Subd (a) of § 4213 differs from § 471 in that the referee is not required to pass upon the requests. See notes to § 4213(a). Compare § 4320(b), requiring a referee to report to state findings of fact and conclusions of law.
The period in which a referee’s report must have been filed and the remedy for delay were formerly set forth in subparagraph 3 of CPA § 470. The provisions of that subparagraph have been modified by this section. The time period is shortened to thirty days. The provision that the report may be delivered to a party instead of being filed has been omitted because it would permit delay in subsequent procedures under the new CPLR. Finally, the provision that the reference can be terminated and the referee deprived of fees where the report was not timely filed is modified in that a motion for new trial is required rather than a notice of election to terminate.
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
Also known as: referee's decision New Yorkthirty days referee report deadlinelate referee decision new trial