New York Laws
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
325 - Grounds for Removal.

(a) By supreme court for mistake in
choice of court. Where a mistake was made in the choice of the court in
which an action is commenced, the supreme court, upon motion, may remove
the action to the proper court, upon such terms as may be just.
(b) From court of limited jurisdiction. Where it appears that the
court in which an action is pending does not have jurisdiction to grant
the relief to which the parties are entitled, a court having such
jurisdiction may remove the action to itself upon motion. A waiver of
jury trial in the first court is inoperative after the removal.
(c) On consent to court of limited jurisdiction. Where it appears that
the amount of damages sustained are less than demanded, and a lower
court would have had jurisdiction of the action but for the amount of
damages demanded, the court in which an action is pending may remove it
to the lower court upon reduction of the amount of damages demanded to a
sum within the jurisdictional limits of the lower court and upon consent
of all parties to the action other than a defendant who has interposed
no counterclaim and over whom the lower court would have had
jurisdiction if the action had originally been commenced there. A waiver
of jury trial in the first court is inoperative after the removal.
(d) Without consent to court of limited jurisdiction. The appellate
division, if it determines that the calendar conditions in a lower court
so permit, may by rule provide that a court in which an action is
pending may, in its discretion, remove such action without consent to
such lower court where it appears that the amount of damages sustained
may be less than demanded, and the lower court would have had
jurisdiction but for the amount of damages demanded. If the action is so
removed, then the verdict or judgment shall be subject to the limitation
of monetary jurisdiction of the court in which the action was originally
commenced and shall be lawful to the extent of the amount demanded
within such limitation. A waiver of jury trial in the first court is
inoperative after the removal.
(e) From supreme court to surrogate's court where decedent's estate
affected. Where an action pending in the supreme court affects the
administration of a decedent's estate which is within the jurisdiction
of the surrogate's court, the supreme court, upon motion, may remove the
action to such surrogate's court upon the prior order of the surrogate's
court. The right of jury trial shall be preserved in the subsequent
proceedings.
(f) To supreme court where county judge incapacitated. Where a county
judge is incapable of acting in an action pending in the county court,
the supreme court may remove the action to itself. An objection to
jurisdiction that might have been taken in the county court may be taken
in the supreme court after the removal.
(g) From one local court to another. Where it is unlikely that an
action or proceeding pending in a district court, town court, village
court or city court will be disposed of within a reasonable period of
time because of (i) death, disability or other incapacity or
disqualification of all the judges of such court, or (ii) inability of
such court to form a jury in such action or proceeding, a judge of the
county court of the county in which such lower court is located, may,
upon motion of any party to such action or proceeding, order that it be
transferred for disposition by the lower court to any other district
court, town court, village court or city court in the same or an
adjoining county, provided that such other court has jurisdiction of the
subject matter of the action or proceeding and jurisdiction over the
classes of persons named as parties.