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New York Surrogate's Court Procedure - Article 5 - § 501 Transfer, Consolidation and Severance

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 5 - § 501 Transfer, Consolidation and Severance

 
  § 501. Transfer, consolidation and severance
    1. The court may upon motion by any party:
    (a)  Transfer  for  trial to the surrogate's court having jurisdiction
  over an estate any action or proceeding pending in any court other  than
  the  supreme  court which affects or relates to the administration of an
  estate and transfer any action or proceeding other than  one  which  has
  been  previously  transferred  to  it or which affects or relates to the
  administration of an estate, to any  other  court,  except  the  supreme
  court,  having  jurisdiction of the subject matter in any other judicial
  district or county provided such other court has jurisdiction  over  the
  classes of persons named as parties.
    (b)  Consent  to  receive  for trial any action pending in the supreme
  court which affects or relates to the  administration  of  a  decedent's
  estate.
    2. Consolidation and severance
    (a)   Consolidation.   When  proceedings  pending  before  the  court,
  including actions transferred under  subdivision  1,  involve  a  common
  question  of  law  or fact, the court upon the motion of any party or on
  its own initiative may order a joint trial of any or all of the  matters
  in  issue  or  order  that  the proceedings be consolidated or make such
  other orders  concerning  proceedings  therein  as  may  tend  to  avoid
  unnecessary cost or delay.
    (b) Severance and separate trials. In furtherance of convenience or to
  avoid  prejudice,  the  court upon the motion of any party or on its own
  initiative may order a severance of any or all of the matters  in  issue
  or  may order a separate trial of any one or all of the matters in issue
  and upon determination thereof render  an  appropriate  intermediate  or
  final order.

Last modified: February 18, 2012