N.Y. Jud. Law § 251

§ 251. Clerks in courts of record within the territory of the first,\nsecond, tenth and eleventh judicial districts not to be appointed\nreferees, receivers, or commissioners. No person holding the office of\nclerk, deputy clerk, special deputy clerk, assistant special deputy\nclerk, or assistant in the clerk's office, of a court of record within\nthe first, second, tenth and eleventh judicial districts or territory\ncomprising the same, shall hereafter be appointed by any court or judge,\na referee, receiver or commissioner; except that a person holding such\noffice who is an attorney in good standing admitted to practice in the\nstate may be appointed as a referee to serve without fee where\nauthorized by any provision of the civil practice law and rules or any\nother law.\n