New York State Unified Court System - Superior Courts

Superior Courts

• The primary civil court in New York is the New York State Supreme Courts. Note the difference in terminology from other states. This superior court hears cases beyond the authority of the local courts such as civil matters where damages exceed the monetary limits of the local courts’ jurisdiction; also divorce, separation and annulment proceedings, name changes, and criminal prosecutions of felonies. There are ten commercial divisions of this court which handle complex commercial matters for ten jurisdictions in the state.

• The probate court in New York is the New York State Surrogate's Courts. They have exclusive jurisdiction over probate, and guardianship. They are located in every county of the state. They handle adoptions. Judges are elected to 10-year terms in each county outside of NYC and to 14-year terms in NYC counties.

• The New York State Family Courts have exclusive jurisdiction over cases involving legal minors involving delinquency, status offenses, abuse and neglect, termination of parental rights, adoption, guardianships and detention among others. The Family Courts also oversee cases of domestic relations involving divorce, child support, custody matters among others. Judges outside New York City are elected to 10-year terms. Those serving in NYC are appointed to 10-year terms by the Mayor.

• County Courts are superior courts located in each county outside New York City. They try felony cases, and can try misdemeanors. In actual practice most misdemeanor offenses are handled by the local courts. County Courts can try civil matters of up to $25,000. Judges are elected to 10-year terms. In smaller counties, the County Court judge may substitute as the Family Court judge or Surrogate or both.