New York Laws
Article 43 - Trial by a Referee
4317 - When Reference to Determine May Be Used.

(b) Without consent of the parties. On motion of any party or on its
own initiative, the court may order a reference to determine a cause of
action or an issue where the trial will require the examination of a
long account, including actions to foreclose mechanic's liens; or to
determine an issue of damages separately triable and not requiring a
trial by jury; or where otherwise authorized by law.
(c) Transcript. Unless otherwise stipulated, a transcript of the
testimony together with the exhibits or copies thereof of the issue
heard before the referee shall be provided to all the parties involved
upon payment of appropriate fees.