New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 207 - Uniform Rules For The Surrogate's Court
Section 207.6 - Transfer of actions from other courts

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 207.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) An application under SCPA 501 for the consent of the court to the transfer to the Surrogate's Court of an action pending in the Supreme Court, or for the transfer by the Surrogate's Court to itself of any action pending in any other court, or for the consolidation of such action with a proceeding pending in the Surrogate's Court, shall show whether there is pending a proceeding in the Surrogate's Court and the nature of the proceeding, and shall be supported by an affidavit which shall state:

(1) the court in which such action is then pending;

(2) the parties to the action;

(3) the nature of the action;

(4) whether the action is on the trial calendar;

(5) an estimate of the time when the action will be reached for trial in the court in which the same is pending, with the facts upon which such estimate is based;

(6) the reasons why a transfer of the action to this court is desirable; and

(7) whether a jury trial has been demanded or whether the same has been waived.

(b) There must be annexed to the moving papers a copy of the pleadings in the action sought to be transferred. Upon compliance with the foregoing requirements, an order will be issued by the court directing the adverse parties to show cause why the application should not be granted.

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