(a) Generally. A referee is entitled, for each day spent in the business of the reference, to three hundred fifty dollars unless a different compensation is fixed by the court or by the consent in writing of all parties not in default for failure to appear or plead.
§ 8003.Referees.
Article 80. Fees · Last amended 2018 · Last verified July 21, 2026
In one sentenceCPLR 8003 sets a referee's per-day compensation, adds a separate fee and commission schedule for a referee who sells real property under a judgment, and excludes judicial hearing officers acting as referees.
Full Text of CPLR 8003
(b) Upon sale of real property. A referee appointed to sell real property pursuant to a judgment is entitled to the same fees and disbursements as those allowed to a sheriff. Where a referee is required to take security upon a sale, or to distribute, apply, or ascertain and report upon the distribution or application of any of the proceeds of the sale, he or she is also entitled to one-half of the commissions upon the amount secured, distributed or applied as are allowed by law to an executor or administrator for receiving and paying out money. Commissions in excess of fifty dollars shall not be allowed upon a sum bid by a party, and applied upon that party’s judgment, without being paid to the referee. A referee’s compensation, including commissions, upon a sale pursuant to a judgment in any action cannot exceed seven hundred fifty dollars, unless the property sold for fifty thousand dollars or more, in which event the referee may receive such additional compensation as to the court may seem proper.
(c) This section shall not apply to judicial hearing officers who have been designated referees.
Plain-English Summary
A court that appoints a referee to handle a matter, take testimony, or otherwise carry out judicial business needs a way to pay for that time. Subdivision (a) sets the default at three hundred fifty dollars for each day the referee spends on the reference, but that figure gives way whenever the court fixes a different rate or every party not in default agrees in writing to a different arrangement. That flexibility means the statutory number functions as a fallback rather than a fixed price for referee work.
Subdivision (b) covers a different job: a referee appointed to sell real property under a judgment. That referee first collects the same fees and disbursements a sheriff would receive for comparable work. If the referee also has to take security on the sale or handle distributing, applying, or reporting on the proceeds, the referee additionally earns half the commission rate allowed to an executor or administrator for receiving and paying out money. The section caps that add-on in two ways: no more than fifty dollars in commission on money a party bid and had credited toward that party's own judgment without ever being paid over to the referee, and no more than seven hundred fifty dollars total in fees and commissions on any one sale, unless the property sold for fifty thousand dollars or more, in which case the court can allow additional compensation as it sees fit.
Subdivision (c) narrows the whole section's reach: it does not apply to judicial hearing officers who have been designated referees, since those officers are compensated through a different arrangement tied to their judicial-hearing-officer role rather than through this per-diem and commission structure.
Frequently Asked Questions
What does CPLR 8003 do?
It sets how much a referee earns for work on a court reference, adds a separate fee and commission scheme for referees who sell real property under a judgment, and excludes judicial hearing officers serving as referees from that scheme.
How much does a referee get paid per day under CPLR 8003?
Three hundred fifty dollars for each day spent on the business of the reference, unless the court sets a different amount or all non-defaulting parties agree in writing to something else.
What does a referee earn for selling real property under a judgment?
The same fees and disbursements a sheriff would receive for similar work, plus, if the referee also handles security, distribution, or reporting on the proceeds, half the commission rate allowed to an executor or administrator.
Is there a cap on a referee's compensation for a property sale?
Yes. Total fees and commissions cannot exceed seven hundred fifty dollars on a sale, unless the property sold for fifty thousand dollars or more, in which case the court may award additional compensation.
Does CPLR 8003 apply to judicial hearing officers?
No. Subdivision (c) excludes judicial hearing officers who have been designated referees from this fee section.
Can parties agree to pay a referee a different rate than the statutory per-diem?
Yes, as long as all parties who are not in default for failing to appear or plead consent in writing, or the court itself fixes a different rate.
Advisory Committee Notes
Subd (a) of this section is based upon CPA § 1545. The only change of substance is an increase in the amount of the statutory fee in a supplementary proceeding to the same fee ($25.00 per day) as in any other special proceeding. In practice, the amount of fees and the method of payment are usually stipulated and the statutory amount has little function.
Subd (b) of this section is based upon CPA § 1546 with no change in substance.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1976, ch 700, § 1, eff Aug 23, 1976; L 1983, ch 840, § 8, eff April 1, 1983; L 1996, ch 225, § 1, eff June 26, 1996; L 2018, ch 376, § 1, effective December 21, 2018.
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 fees New Yorkreferee sale of real property commissionhow much are referees paid NYreferee per diem CPLR