Contesting a Transference to the Surrogate's Court

Contesting a Transference to the Surrogate's Court

Transfer of Proceedings

By Hon. C. Raymond Radigan, Ruskin Moscou Faltischek, P.C.

The Supreme Court transferred a proceeding to the Surrogate's Court.  A party claimed it never received notice of the motion to transfer the proceedings and sought to contest the transfer. The Surrogate held she could not reach the merits of the motion since it would amount to vacating or modifying a Supreme Court determination for which the Surrogate had no jurisdiction.  The Surrogate denied the motion without prejudice for renewal of the motion in the Supreme Court.  Smith v. Smith, N.Y.L.J., Dec. 12, 2011, at 22, col. 2 (Sur. Ct. New York County) (Anderson).

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