§ 501 — Transfer, consolidation and severance 1

New York § 501

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 5: Trials and Hearings

Text

§ 501. Transfer, consolidation and severance\n 1. The court may upon motion by any party:\n (a) Transfer for trial to the surrogate's court having jurisdiction\nover an estate any action or proceeding pending in any court other than\nthe supreme court which affects or relates to the administration of an\nestate and transfer any action or proceeding other than one which has\nbeen previously transferred to it or which affects or relates to the\nadministration of an estate, to any other court, except the supreme\ncourt, having jurisdiction of the subject matter in any other judicial\ndistrict or county provided such other court has jurisdiction over the\nclasses of persons named as parties.\n (b) Consent to receive for trial any action pending in the supreme\ncourt which affects or relates to the administration of a decedent's\nestate.\n 2. Consolidation and severance\n (a) Consolidation. When proceedings pending before the court,\nincluding actions transferred under subdivision 1, involve a common\nquestion of law or fact, the court upon the motion of any party or on\nits own initiative may order a joint trial of any or all of the matters\nin issue or order that the proceedings be consolidated or make such\nother orders concerning proceedings therein as may tend to avoid\nunnecessary cost or delay.\n (b) Severance and separate trials. In furtherance of convenience or to\navoid prejudice, the court upon the motion of any party or on its own\ninitiative may order a severance of any or all of the matters in issue\nor may order a separate trial of any one or all of the matters in issue\nand upon determination thereof render an appropriate intermediate or\nfinal order.\n