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)
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