N.Y. Civil Practice Law & Rules Section 326
Procedure on removal


(a)

Stay of proceedings. An order to stay proceedings for the purpose of moving for removal may be made by the court in which the action is pending or the court to which removal is sought.

(b)

Order and subsequent proceedings. Where an order of removal is made by a court other than the court in which the action is pending, a certified copy of the order shall be filed with the clerk of the court in which the action is pending. Upon such filing or upon entry of an order of removal by him, the clerk of the court in which an action is pending shall forthwith deliver to the clerk of the court to which it has been ordered removed all papers and records in the action and certified copies of all minutes and entries which shall be filed, entered or recorded, as the case requires, in the office of the latter clerk. Subsequent proceedings shall be had in the court to which it has been ordered removed as if the action had been originally commenced there and no process, provisional remedy or other proceeding taken in the court from which the action was removed shall be invalid as the result of the removal.

(c)

Fees and disbursements. If at the time the order of removal is entered any filing, trial or jury demand fees have been paid, such fees shall be credited against the fees which, for the same purpose, shall be required in the court to which the action has been ordered removed. A party entitled to tax disbursements after the removal may include fees paid by him prior to the time the order of removal is entered.

Source: Section 326 — Procedure on removal, https://www.­nysenate.­gov/legislation/laws/CVP/326 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

301
Jurisdiction over persons, property or status
302
Personal jurisdiction by acts of non-domiciliaries
303
Designation of attorney as agent for service
304
Method of commencing action or special proceeding
305
Summons
306
Proof of service
306‑A
Index number in an action or proceeding commenced in supreme or county court
306‑B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
306‑C
Notice of commencement of action for personal injuries by recipient of medical assistance
306‑D
Additional mailing of notice in an action arising out of a consumer credit transaction
307
Personal service upon the state
308
Personal service upon a natural person
309
Personal service upon an infant, incompetent or conservatee
310
Personal service upon a partnership
310‑A
Personal service upon a limited partnership
311
Personal service upon a corporation or governmental subdivision
311‑A
Personal service on limited liability companies
312
Personal service upon a court, board or commission
312‑A
Personal service by mail
313
Service without the state giving personal jurisdiction
314
Service without the state not giving personal jurisdiction in certain actions
315
Service by publication authorized
316
Service by publication
317
Defense by person to whom summons not personally delivered
318
Designation of agent for service
320
Defendant’s appearance
321
Attorneys
322
Authority for appearance of attorney in real property action
325
Grounds for removal
326
Procedure on removal
327
Inconvenient forum
328
Assistance to tribunals and litigants outside the state

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 326’s source at nysenate​.gov

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