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Bronx New York online Form 1040 (Schedule D): What You Should Know

Application of Part. This Part shall be applicable to proceedings in every Surrogate's Court in New York State except the following: (1) If the Surrogate's Court is a juvenile court and the court determines, by its discretion, that its function and jurisdiction would be enhanced or enhanced dramatically if the court substituted for this Part anyone or more of the specific exceptions to its applicability under Subpart D of Part 209 of this chapter (except subsections (a), (b), and (g)(1) of this section): Provided, That (A) Where the Surrogate's Court is an adult court at the request of the person seeking recognition for the purposes of the person's marriage-based or civil union, the court shall find that, but for it applying this Part, the court's function and jurisdiction would be substantially impaired and its functions and activities substantially diminished. (B) Where the Surrogate's Court is an adult court because it is an immigration court, the court shall find that, but for it applying this Part, the court's function and jurisdiction would be substantially impaired and its functions and activities substantially diminished; Where the Surrogate's Court is a juvenile court and the court determines, by its discretion, that its function and jurisdiction would be diminished if proceedings in any proceedings instituted by a person seeking recognition for the purposes of the person's marriage-based or civil union, or for the purposes of the person as the cohabiting partner of another person, (A) were held in a juvenile court, or by the court's own decision or that of the presiding judge; and (B) were held solely in a court of record or as if such proceedings were a part of an adult action pursuant to section 10-5 of the Juvenile Court Law, as amended; or (D) were held on property of such person unless the proceedings were held in a juvenile court and the court determines, by its discretion, that its function and jurisdiction would be significantly impaired and its functions and activities substantially diminished. (d) Definitions.

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