(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.
Structure New York Laws
CVP - Civil Practice Law and Rules
8001 - Persons Subpoenaed; Examination Before Trial; Transcripts of Records.
8004 - Commissions of Receivers.
8005 - Commissions of Trustees; Advance Payment of Fees of an Attorney-Trustee.
8006 - Premiums on Undertakings by Fiduciaries.
8008 - Fees and Expenses of Officer to Be Paid Before Transmission of Paper.
8009 - Oaths; Acknowledgments; Certification or Exemplification.
8011 - Fixed Fees of Sheriffs.
8014 - Collection of Sheriff's Fees on Execution.
8015 - County Clerk Where Sheriff Is a Party or Otherwise Disqualified.
8016 - Clerks of Courts of Record Generally.
8017 - Exemption of the State and Counties, and Agencies and Officers Thereof, From Fees of Clerks.
8018 - Index Number Fees of County Clerks.
8019 - County Clerks Generally.
8020 - County Clerks as Clerks of Court.
8021 - County Clerks Other Than as Clerks of Court.
8022 - Fee on Civil Appeals Proceedings Before Appellate Courts.