Legislation
SECTION 2602
Terms of courts and powers of judges in counties having more than one judge of the surrogate's court
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 26
§ 2602. Terms of courts and powers of judges in counties having more
than one judge of the surrogate's court.
1. In any county having more than 1 judge of the surrogate's court
(a) all of the powers conferred by law upon a judge of the surrogate's
court may be exercised by either of such judges;
(b) the disability of a judge or his illness or absence from the
county after his decision upon any matter in an action or proceeding
before him shall not affect the validity of such decision and the other
judge may give effect thereto and make and sign an appropriate order or
decree based thereon having the same force and effect as if made by the
judge making the decision.
2. In any such county the judges must
(a) appoint and may alter the times of holding terms and sessions of
that court for the trial of proceedings in which there is a right to
trial by jury;
(b) appoint and may alter the times of holding terms and sessions of
that court for the disposition of all other business;
(c) prescribe the duration of such terms and assign the judge to
preside and attend at the terms and sessions so appointed.
3. In the county of New York the appointment of such terms must be
published in two newspapers published in the city of New York during or
before the first week in January in each year.
than one judge of the surrogate's court.
1. In any county having more than 1 judge of the surrogate's court
(a) all of the powers conferred by law upon a judge of the surrogate's
court may be exercised by either of such judges;
(b) the disability of a judge or his illness or absence from the
county after his decision upon any matter in an action or proceeding
before him shall not affect the validity of such decision and the other
judge may give effect thereto and make and sign an appropriate order or
decree based thereon having the same force and effect as if made by the
judge making the decision.
2. In any such county the judges must
(a) appoint and may alter the times of holding terms and sessions of
that court for the trial of proceedings in which there is a right to
trial by jury;
(b) appoint and may alter the times of holding terms and sessions of
that court for the disposition of all other business;
(c) prescribe the duration of such terms and assign the judge to
preside and attend at the terms and sessions so appointed.
3. In the county of New York the appointment of such terms must be
published in two newspapers published in the city of New York during or
before the first week in January in each year.