New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 4212. Advisory jury;  referee to report

Upon the motion of any party as provided in rule 4015 or on its own initiative, the court may submit any issue of fact required to be decided by the court to an advisory jury or, upon a showing of some exceptional condition requiring it or in matters of account, to a referee to report.  An order under this rule shall specify the issues to be submitted.  The procedures to be followed in the use of an advisory jury shall be the same as those for a jury selected under article forty-one.  Where no issues remain to be tried, the court shall render decision directing judgment in the action.