N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.1 - Application of Part; waiver; special rules; definitions

(a) Application. This Part shall be applicable to proceedings in all Surrogate''s Courts in New York State.

(b) Waiver. For good cause shown, and in the interest of justice, the court in a proceeding may waive compliance with any of the rules in this Part other than section 207.2 unless prohibited from doing so by statute or by rule of the Chief Judge.

(c) Additional rules. Local court rules, and all court forms not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of SCPA, EPTL and CPLR. The provisions of this Part shall be construed consistently with the Surrogate's Court Procedure Act (SCPA) and the Estates Powers and Trusts Law (EPTL). Matters not covered by these provisions, the SCPA and the EPTL shall be governed by the Civil Practice Law and Rules (CPLR).

(e) Definitions.

(1) Chief Administrator of the Courts in this Part also includes a designee of the Chief Administrator.

(2) Unless the context requires otherwise, all references to clerk shall mean the Chief Clerk of each Surrogate's Court or the designee of the Chief Clerk.

(3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR, EPTL and the SCPA.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.1