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SCOTT M. WHITNEY, AS EXECUTOR OF THE WILL OF HAROLD WHITNEY, DECEASED, PLAINTIFF v. SHIRLEY WEINER WHITNEY, defendant 2006/4153/C) — At the call of the October 23, 2012 calendar, the court declined to accept jurisdiction over the action (index number 117200/08), which had been transferred to it from the Supreme Court of New York County by decision dated June 21, 2011.

The action sounds in conversion. Scott M. Whitney claims that, less than three months before the death of his father, Harold Whitney, decedent’s spouse, Shirley Weiner Whitney, withdrew $200,000 from a bank account entitled: “Dr. Harold Whitney[/]Shirley Weiner Whitney[,] I/T/F/ Scott Whitney.” The dispute, despite the caption of the litigation, is between living people. To the extent that Shirley returns the $200,000, the funds would benefit Scott, individually, as beneficiary of the Totten trust. Accordingly, this court, lacking subject matter jurisdiction (see Matter of O’Connell, 98 AD3d 673, 674 [2nd Dept 2012]), returns the action to the Supreme Court of New York County see Matter of Maurer, NYLJ July 21, 2009, at 35, col 2 [Surr Ct, New York County, Webber, S.]; Matter of Taschereau, NYLJ, July 31, 2006, at 21, col 2 [Surr Ct, New York County, Roth, S.]).

 
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