1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 26: The Surrogate's Court and Its Officers


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)

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.