§ 121. Official referees of the municipal court of the city of New York. Every official referee of the municipal court of the city of New York in the first or second judicial department who, pursuant to former provisions of this section, is acting and in the discharge of his duties as such official referee at the time this section as hereby amended takes effect, may continue to act as referee and to hear and report upon or to hear and determine any action, claim, motion, matter or proceeding referred to him as provided in this section.

To any such official referee of the municipal court of the city of New York there may be referred to hear and report upon or to hear and determine by the president justice or acting president justice of that court any action, matter, claim, motion or proceeding pending in such court which now or hereafter may be referable by statute or rules and practice of court, in which the president justice or acting president justice shall deem that for any reason the expense of such reference should not be borne by the parties to such action, claim, matter, motion or proceeding, and such official referee of the municipal court of the city of New York shall not charge or receive from the parties to the action, claim, motion, matter or proceeding referred to him any fee or compensation for any services rendered as such referee. The justices of the appellate division in each department shall also have power to fix the times and places for the hearing of references by the official referees of the municipal court of the city of New York hereby continued in office, and to assign such official referees for such service to any court of record within such department, and to adopt, amend or rescind rules therefor.

If the services of a stenographer shall be required in the action, claim, matter, motion or proceeding so referred, an official stenographer shall be selected by such official referee of the municipal court of the city of New York from the official stenographers of that court, and the parties to the action, claim, matter, motion or proceeding shall not be required to pay any of the fees of such stenographer for taking the testimony and furnishing one copy thereof to the referee if the referee shall order such copy.