§ 326 — Procedure on removal

New York § 326

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

Rule 326. Procedure on removal. (a) Stay of proceedings. An order to\nstay proceedings for the purpose of moving for removal may be made by\nthe court in which the action is pending or the court to which removal\nis sought.\n (b) Order and subsequent proceedings. Where an order of removal is\nmade by a court other than the court in which the action is pending, a\ncertified copy of the order shall be filed with the clerk of the court\nin which the action is pending. Upon such filing or upon entry of an\norder of removal by him, the clerk of the court in which an action is\npending shall forthwith deliver to the clerk of the court to which it\nhas been ordered removed all papers and records in the action and\ncertified copies of all minutes and entries which shall be filed,\nentered or recorded, as the case requires, in the office of the latter\nclerk. Subsequent proceedings shall be had in the court to which it has\nbeen ordered removed as if the action had been originally commenced\nthere and no process, provisional remedy or other proceeding taken in\nthe court from which the action was removed shall be invalid as the\nresult of the removal.\n (c) Fees and disbursements. If at the time the order of removal is\nentered any filing, trial or jury demand fees have been paid, such fees\nshall be credited against the fees which, for the same purpose, shall be\nrequired in the court to which the action has been ordered removed. A\nparty entitled to tax disbursements after the removal may include fees\npaid by him prior to the time the order of removal is entered.\n