Section 251. Clerks in courts of record within the territory of the first, second, tenth and eleventh judicial districts not to be appointed referees, receivers, or commissioners

No person holding the office of
  clerk, deputy clerk, special  deputy  clerk,  assistant  special  deputy
  clerk,  or  assistant in the clerk's office, of a court of record within
  the first, second, tenth and eleventh judicial  districts  or  territory
  comprising the same, shall hereafter be appointed by any court or judge,
  a  referee,  receiver or commissioner; except that a person holding such
  office who is an attorney in good standing admitted to practice  in  the
  state  may  be  appointed  as  a  referee  to  serve  without  fee where
  authorized by any provision of the civil practice law and rules  or  any
  other law.