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THE SURROGATE`S COURT AND ITS OFFICERS Section 2601. When court open; terms and sessions. 2602. Terms of courts and powers of judges in counties having more than one judge of the surrogate`s court. 2603. Surrogate and acting surrogate. 2604. Disqualification of judge. 2605. Chief clerk, deputy chief clerk and other personnel of the court unless otherwise provided for a particular county. 2606. Chief clerk and deputy chief clerk of the surrogate`s court and other personnel in Bronx, Kings, New York, Queens and Richmond counties. 2607. Court reporters. 2608. Expenses of surrogate or clerk. 2609. Powers of chief clerk and other officers of the surrogate`s court. 2610. Commissioner of records of surrogate`s court, New York county; appointment; salary; duties. 2611. Other court matters. S 2601. When court open; terms and sessions 1. The court is always open for the transaction of any business within its powers and jurisdiction. 2. The judge of a surrogate`s court may appoint and may alter the times and places of transacting any business which may come before it and designate terms and sessions for trials, hearings, chamber business and other business of the court. 3. The court, in a county where the judge of the county court is also a judge of the surrogate`s court, may be held at the time and place at which the county court is held and the jury in attendance may constitute the jury for the trial of any issue arising in the surrogate`s court. S 2602. 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. S 2603. Surrogate and acting surrogate 1. The judge of the surrogate`s court may be designated as the surrogate. He may sign any paper wherever he may be at any time. 2. Where the county judge is also a judge of the surrogate`s court he shall be designated as such without any addition referring to his office as county judge. 3. Where a judicial officer other than the judge of the surrogate`s court acts as a judge of the surrogate`s court in a case prescribed by law, he may be designated as "surrogate", notwithstanding his official title. 4. No person other than the one who holds such office on the effective date of this act may serve in the office of judge of the surrogate`s court unless he or she has been admitted to practice law in the state of New York for at least 10 years as of the date he or she commences the duties of office. S 2604. Disqualification of judge 1. In addition to his general disqualifications as a judicial officer, a judge of the surrogate`s court is also disqualified. (a) from acting upon an application for the probate of a will where he is an attesting witness or is necessarily examined or to be examined as a witness, (b) where he files a certificate that his relations to the parties or subject matter is such that it is improper for him to act. 2. An objection to the power of a judge of the surrogate`s court to act based upon a disqualification is waived by an adult party unless it is taken at or before the joinder of issue by that party or, where an issue is not framed, at or before the submission of the matter to the court. S 2605. Chief clerk, deputy chief clerk and other personnel of the courts unless otherwise provided for a particular county 1. Chief clerk. By written order filed and recorded in his office, which he may in like manner revoke at pleasure, a surrogate shall appoint a chief clerk of the surrogate`s court, who shall be and shall perform all duties of the clerk of the surrogate`s court. 2. Deputy chief clerk. In any county containing a city of the second class and in any county having a population over 500,000 the surrogate shall, and in any other county the surrogate may, in like manner appoint a deputy chief clerk of the surrogate`s court. In counties under 500,000 the surrogate may designate one of the clerks of the court to act as deputy chief clerk of the court in addition to other duties. 3. Temporary chief clerk of the court. Should the chief clerk or deputy chief clerk be absent or unable to act or if the office be vacant the surrogate may designate any law assistant or other clerk to serve temporarily as chief clerk or deputy chief clerk of the court. 4. Oath and bond. Each chief clerk and deputy chief clerk shall, before entering upon the performance of his duties, take the constitutional oath of office and shall file it with the county clerk of the county together with a bond in the sum of $50,000 approved by the surrogate conditioned for the faithful performance of his duties. 5. Other personnel. Within the appropriation therefor made by the county board of supervisors each surrogate may likewise appoint and remove such law assistants, clerks, court reporters and such attendants, messengers and other court officers and employees as necessary, including temporary court attendants and other personnel. Court attendants and officers whose duty shall be to attend terms and sessions of court as required and perform such services as the surrogate directs shall possess all the powers of an officer designated by the sheriff to attend upon the court. S 2606. Chief clerk and deputy chief clerk of the surrogate`s court and other personnel in Bronx, Kings, New York, Queens and Richmond counties 1. The judge of the surrogate`s court in the counties of Bronx, Kings, New York, Queens and Richmond counties may severally appoint and remove a chief clerk of the court, a deputy chief clerk and such law assistants, clerks, court reporters and other officers and employees as necessary. 2. The chief clerk shall also be and shall perform all duties of the clerk of the surrogate`s court. 3. Each chief clerk and deputy chief clerk of the court shall, before entering upon the performance of his duties, take the constitutional oath of office and file the same with the county clerk, together with a bond in the sum of $50,000 approved by the surrogate conditioned on the faithful performance of the duties of his office. 4. Should the chief clerk or deputy chief clerk be absent or unable to act or if the office be vacant the surrogate may designate any law assistant or other clerk to serve temporarily as chief clerk or deputy chief clerk of the court. 5. Each surrogate may appoint and remove such attendants, messengers and court officers to attend terms and sessions of court and perform such duties as required. Such officers shall have all the powers of officers designated by sheriffs to attend upon courts of record.
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6. The compensation of all court personnel in the surrogate`s court of each county, notwithstanding any other provisions of law, shall be fixed by the respective surrogates upon approval of the state administrator and shall be a city charge provided that the final determination of the estimate of annual financial needs of the court shall be made as provided by article 7-a of the judiciary law and section 29 of article 6 of the Constitution. The proper appropriating body shall annually appropriate the necessary funds for such compensation and other expenses of the court. S 2607. Court reporters 1. Each surrogate may appoint and at pleasure remove one or more court reporters for the court, whose compensation shall be determined and paid in the same manner as salaries of clerks in the court. 2. The court reporter appointed to serve in the surrogate`s court may with approval of the surrogate be designated to perform duties in another court and the court reporter of another court with approval of the judge thereof may be designated to serve in the surrogate`s court. The provisions of the judiciary law apply to court reporters in the court. 3. Whenever the service of a court reporter is required and no regular court reporter is available, or he is sick, absent or unable to act, or whenever a trial or hearing requires additional reportorial services, a surrogate may appoint one or more temporary court reporters to serve in an action or proceeding to be paid a reasonable compensation certified by the surrogate which shall be a charge upon the city or county and paid as other expense of the court. S 2608. Expenses of surrogate or clerk Where, upon the application of any party, the judge or clerk of the surrogate`s court goes to a place other than the court in order to take testimony, he shall be paid by such party his actual and necessary expenses. S 2609. Powers of chief clerk and other officers of the surrogate`s court 1. The chief clerk and deputy chief clerk of the surrogate`s court may exercise, concurrently with the surrogate, the following powers: (a) To certify and sign, issue or seal in the name of the clerk (i) any papers or records of the court, (ii) any process to which a party is entitled as of course, (iii) any letters or other mandate of the court. (b) To adjourn to a definite time, not exceeding 30 days, any matter, when the surrogate is absent from his office or unable by reason of other engagements to attend thereto. (c) In any proceeding of which the court has jurisdiction, to administer oaths, take acknowledgments of deeds and all other written instruments and certify the same at any place within or without the state. (d) With the approval of the surrogate or surrogates of the county to authorize or deputize one or more of the other clerks of the court, to sign his name and exercise such of the other powers conferred upon him by this section as he shall designate. The surrogate may prohibit the chief clerk or deputy chief clerk from exercising any powers specified in this subdivision but the prohibition does not affect the validity of any act of the clerk done in disregard of the prohibition. 2. In addition to the powers above enumerated, to take proof of a will, unless objections to probate of such will have been filed and are pending at such time. 3. The surrogate or surrogates in their discretion respectively may (a) Designate the chief clerk, one of the other clerks, a law assistant or any assistant, to take and report the testimony in any proceeding, but without authority to pass upon the issue therein. The person so designated shall have the power to administer oaths to the persons testifying in such proceeding. Whenever the person so designated goes to a place other than the surrogate`s office his actual and necessary expenses shall be paid by the party seeking the testimony and the chief clerk of the court shall not be required to make any collection or return of the money so paid. (b) Authorize and deputize in writing the chief clerk, one or more other clerks, law assistants or other assistants to sign the name of the respective surrogate to decrees in uncontested proceedings for administration, for the probate of a will or for the appointment of a general guardian of the person or property of an infant, upon a written decision duly filed by the surrogate and authorize and deputize any such officer or employee to sign in his name orders on applications to open safe deposit boxes. Any decree or order signed by such officer or employee pursuant to the designation shall be valid and binding as if signed by the surrogate. 4. Where service upon a respondent is made by personal delivery of process to the chief clerk of the court designated pursuant to 307 the chief clerk shall mail such process to respondent at the address indicated by him in such designation or if not so designated, at the address last indicated by him on the records of the court. 5. Whenever the testimony is taken by commission or by any disclosure device or an attesting witness is examined under 1404, the court may direct that the commission issue to the chief clerk, deputy chief clerk or a law assistant and that the disclosure be held under the supervision of one of such persons. 6. The signature of the chief clerk upon a certificate of letters of any kind or a certificate of comparison or of a search may be a facsimile, imprinted, stamped, photographed or engraved thereon. S 2610. Commissioner of records of surrogate`s court, New York county; appointment; salary; duties 1. The surrogates of New York county shall appoint a commissioner of records. The commissioner shall appoint, subject to the prior approval of the surrogates, subordinates to assist him in the performance of his duties. The salary of the commissioner and his subordinates shall be fixed by the surrogates and shall be paid out of appropriations therefor made by the city of New York. 2. The commissioner shall examine into the arrangement and condition of the records, wills, documents, books and papers deposited or filed in the office of the surrogate`s court of the county of New York and into the condition and sufficiency of the indices thereof. He shall collate and arrange the same in such manner as may be necessary for their restoration and preservation and shall take such steps as may be necessary to provide convenient references thereto and for the examination and use as the public interest and convenience may require. He shall cause copies thereof to be made whenever by reason of age, use, exposure, or any casualty such copies shall in his judgment be necessary and after the copy has been compared with the original it shall be certified by the commissioner and shall thereafter be admitted in evidence and shall be considered for all other purposes with the same effect as the original. The original shall be placed in a suitable enclosure by the commissioner and shall be preserved, properly endorsed and indexed for such examination as may be directed by an order of the court in any action or proceeding in which the accuracy of the copy may be questioned. His duties shall be performed under such conditions and regulations as may be approved by the surrogates and in a manner which shall permit the examination and use of the records, wills, documents, books, papers and indices as the public interest and convenience may require. 3. The office of commissioner of records of the surrogate`s court of New York county shall terminate upon the completion of the duties in this section prescribed. S 2611. Other court matters 1. Each surrogate may establish and organize within the court such departments and divisions as deemed necessary and advisable to effectively perform the various phases of work of the court including accounting, administration, adoption, guardianship, law, probate, special proceedings and such other departments and divisions as serve the needs of the court. 2. Each surrogate may assign, reassign and change at pleasure the personnel of the court to one or more departments or divisions of the court and specify the duties and responsibilities of all court personnel. 3. The court may have such auxiliary services as will serve its purpose and are within its authorized appropriation or otherwise made available to it and may utilize the auxiliary services and agencies available to any court of record.