Legislation
SECTION 501
Transfer, consolidation and severance 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 5
§ 501. Transfer, consolidation and severance
1. The court may upon motion by any party:
(a) Transfer for trial to the surrogate's court having jurisdiction
over an estate any action or proceeding pending in any court other than
the supreme court which affects or relates to the administration of an
estate and transfer any action or proceeding other than one which has
been previously transferred to it or which affects or relates to the
administration of an estate, to any other court, except the supreme
court, having jurisdiction of the subject matter in any other judicial
district or county provided such other court has jurisdiction over the
classes of persons named as parties.
(b) Consent to receive for trial any action pending in the supreme
court which affects or relates to the administration of a decedent's
estate.
2. Consolidation and severance
(a) Consolidation. When proceedings pending before the court,
including actions transferred under subdivision 1, involve a common
question of law or fact, the court upon the motion of any party or on
its own initiative may order a joint trial of any or all of the matters
in issue or order that the proceedings be consolidated or make such
other orders concerning proceedings therein as may tend to avoid
unnecessary cost or delay.
(b) Severance and separate trials. In furtherance of convenience or to
avoid prejudice, the court upon the motion of any party or on its own
initiative may order a severance of any or all of the matters in issue
or may order a separate trial of any one or all of the matters in issue
and upon determination thereof render an appropriate intermediate or
final order.
1. The court may upon motion by any party:
(a) Transfer for trial to the surrogate's court having jurisdiction
over an estate any action or proceeding pending in any court other than
the supreme court which affects or relates to the administration of an
estate and transfer any action or proceeding other than one which has
been previously transferred to it or which affects or relates to the
administration of an estate, to any other court, except the supreme
court, having jurisdiction of the subject matter in any other judicial
district or county provided such other court has jurisdiction over the
classes of persons named as parties.
(b) Consent to receive for trial any action pending in the supreme
court which affects or relates to the administration of a decedent's
estate.
2. Consolidation and severance
(a) Consolidation. When proceedings pending before the court,
including actions transferred under subdivision 1, involve a common
question of law or fact, the court upon the motion of any party or on
its own initiative may order a joint trial of any or all of the matters
in issue or order that the proceedings be consolidated or make such
other orders concerning proceedings therein as may tend to avoid
unnecessary cost or delay.
(b) Severance and separate trials. In furtherance of convenience or to
avoid prejudice, the court upon the motion of any party or on its own
initiative may order a severance of any or all of the matters in issue
or may order a separate trial of any one or all of the matters in issue
and upon determination thereof render an appropriate intermediate or
final order.