N.Y. Surrogate's Court Procedure Act § 501: Transfer, consolidation and severance 1

§ 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.