§ 2609 — Powers of chief clerk and other officers of the surrogate's court 1

§ 2609. Powers of chief clerk and other officers of the surrogate's\n court\n 1. The chief clerk and deputy chief clerk of the surrogate's court may\nexercise, concurrently with the surrogate, the following powers:\n (a) To certify and sign, issue or seal in the name of the clerk\n (i) any papers or records of the court,\n (ii) any process to which a party is entitled as of course,\n (iii) any letters or other mandate of the court.\n (b) To adjourn to a definite time, not exceeding 30 days, any matter,\nwhen the surrogate is absent from his office or unable by reason of\nother engagements to attend thereto.\n (c) In any proceeding of which the court has jurisdiction, to\nadminister oaths, take acknowledgments of deeds and all other written\ninstruments and certify the same at any place within or without the\nstate.\n (d) With the approval of the surrogate or surrogates of the county to\nauthorize or deputize one or more of the other clerks of the court, to\nsign his name and exercise such of the other powers conferred upon him\nby this section as he shall designate. The surrogate may prohibit the\nchief clerk or deputy chief clerk from exercising any powers specified\nin this subdivision but the prohibition does not affect the validity of\nany act of the clerk done in disregard of the prohibition.\n 2. In addition to the powers above enumerated, to take proof of a\nwill, unless objections to probate of such will have been filed and are\npending at such time.\n 3. The surrogate or surrogates in their discretion respectively may\n (a) Designate the chief clerk, one of the other clerks, a law\nassistant or any assistant, to take and report the testimony in any\nproceeding, but without authority to pass upon the issue therein. The\nperson so designated shall have the power to administer oaths to the\npersons testifying in such proceeding. Whenever the person so\ndesignated goes to a place other than the surrogate's office his actual\nand necessary expenses shall be paid by the party seeking the testimony\nand the chief clerk of the court shall not be required to make any\ncollection or return of the money so paid.\n (b) Authorize and deputize in writing the chief clerk, one or more\nother clerks, law assistants or other assistants to sign the name of the\nrespective surrogate to decrees in uncontested proceedings for\nadministration, for the probate of a will or for the appointment of a\ngeneral guardian of the person or property of an infant, upon a written\ndecision duly filed by the surrogate and authorize and deputize any such\nofficer or employee to sign in his name orders on applications to open\nsafe deposit boxes. Any decree or order signed by such officer or\nemployee pursuant to the designation shall be valid and binding as if\nsigned by the surrogate.\n 4. Where service upon a respondent is made by personal delivery of\nprocess to the chief clerk of the court designated pursuant to 307 the\nchief clerk shall mail such process to respondent at the address\nindicated by him in such designation or if not so designated, at the\naddress last indicated by him on the records of the court.\n 5. Whenever the testimony is taken by commission or by any disclosure\ndevice or an attesting witness is examined under 1404, the court may\ndirect that the commission issue to the chief clerk, deputy chief clerk\nor a law assistant and that the disclosure be held under the supervision\nof one of such persons.\n 6. The signature of the chief clerk upon a certificate of letters of\nany kind or a certificate of comparison or of a search may be a\nfacsimile, imprinted, stamped, photographed or engraved thereon.\n