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Suffolk New York Form 1040 (Schedule H): What You Should Know
No Adjudication. The Surrogate's Court is not a court of equity or of law. It is a court of general jurisdiction but not of summary jurisdiction, and it may only exercise its jurisdiction over such individuals as it deems suitable who have made application for such service and who are subject to the rules of the court established by this Part. (d) Notice. The Surrogate's Court shall notify all parties of the filing date and time of each proceeding in its name. A notice shall be given in such time and by such means as the court may buy rule and order determine to be appropriate and expeditious. (e) Trial Rules. The Surrogate's Court is hereby authorized and directed to make provision for trial for all types of civil proceedings, including criminal and criminal appeals, in conformity with existing rules of procedure and with the provisions of the Rules of Civil Procedure. (f) Limitation of the Proceedings. No petition for the appointment of a guardian or conservator for a person under the age of eighteen years or the appointment of a guardian or conservator for a subject of a guardian's or conservator's custody, protection, or administration shall be instituted in Surrogate's Court within two years of the date of any written agreement of the parties regarding such appointment or any action by a conservator concerning such appointment within one year after such agreement or action has become final. (g) Effect of Termination of Guardianship. In the event that the Surrogate's Court is terminated as the guardian on behalf of a person under the age of eighteen years, the Surrogate's Court shall appoint another agency as guardian on behalf of such person, and shall have jurisdiction to appoint or remove the guardian in accordance with section 13, article 2 of the New York State Unified Court System and shall have jurisdiction over all actions or proceedings in Surrogate's Courts or concerning the property of any person entitled to a share of the estate of such person as the result of the provisions of this Part and to commence any action to establish or enforce a personal representative's power of appointment as guardian in such Surrogate's Court.
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