N.Y. C.P.L.R. 4314

Rule 4314. Successor referee. Upon being notified that a referee\ndeclines or fails to serve, or in the case of the death, resignation or\nremoval of a referee, or if a new trial is granted after a reference, on\nmotion of any party or on its own initiative, the court may designate a\nsuccessor referee, unless a stipulation upon which the order of\nreference is based expressly provides otherwise.\n