N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.6 - Transfer of actions from other courts
(a) An application under SCPA 501 for the
consent of the court to the transfer to the Surrogate's Court of an action
pending in the Supreme Court, or for the transfer by the Surrogate's Court to
itself of any action pending in any other court, or for the consolidation of
such action with a proceeding pending in the Surrogate's Court, shall show
whether there is pending a proceeding in the Surrogate's Court and the nature
of the proceeding, and shall be supported by an affidavit which shall state:
(1) the court in which such
action is then pending;
(2) the parties to the action;
(3) the nature of the
action;
(4) whether
the action is on the trial calendar;
(5) an estimate of the time when the
action will be reached for trial in the court in which the same is pending,
with the facts upon which such estimate is based;
(6) the reasons why a transfer
of the action to this court is desirable; and
(7) whether a jury trial has been
demanded or whether the same has been waived.
(b) There must be annexed to the
moving papers a copy of the pleadings in the action sought to be transferred.
Upon compliance with the foregoing requirements, an order will be issued by the
court directing the adverse parties to show cause why the application should
not be granted.
Notes
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