THOMAS MICHAEL APPELT, AS EXECUTOR OF THE ESTATE OF FRANCES APPELT, DECEASED, pet, JR., v. KATHRYN FRANCES REAY ZOLLO, A/K/A KATHRYN FRANCES APPELT, A/K/A KATHRYN FRANCES REAY, AND JOHN ZOLLO, ESQ., res

THOMAS MICHAEL APPELT, AS EXECUTOR OF THE ESTATE OF FRANCES APPELT, DECEASED, pet, JR., v. KATHRYN FRANCES REAY ZOLLO, A/K/A KATHRYN FRANCES APPELT, A/K/A KATHRYN FRANCES REAY, AND JOHN ZOLLO, ESQ., res (2009-2177/C/ D) — In this contested miscellaneous proceeding, commenced pursuant to SCPA 2103, there are two motions and one cross motion pending. In the underlying proceeding, petitioner, the executor of decedent's estate and decedent's son, seeks to compel the turnover of property withheld by respondents, decedent's daughter and son-in-law.

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THOMAS MICHAEL APPELT, AS EXECUTOR OF THE ESTATE OF FRANCES APPELT, DECEASED, pet, JR., v. KATHRYN FRANCES REAY ZOLLO, A/K/A KATHRYN FRANCES APPELT, A/K/A KATHRYN FRANCES REAY, AND JOHN ZOLLO, ESQ., res (2009-2177/C/ D) — In this contested miscellaneous proceeding, commenced pursuant to SCPA 2103, there are two motions and one cross motion pending. In the underlying proceeding, petitioner, the executor of decedent’s estate and decedent’s son, seeks to compel the turnover of property withheld by respondents, decedent’s daughter and son-in-law.

Petitioner has moved for an order: 1) compelling disclosure pursuant to CPLR 3124; 2) declaring the respondents were in a confidential relationship with decedent; and 3) sanctioning respondents and their counsel for serving frivolous discovery demands pursuant to the Rules of the Chief Administrator of the Courts, Part 130-1.1. Respondent opposes this motion and has cross-moved for an order 1) denying petitioner’s motion to compel disclosure, etc.; 2) compelling petitioner to fully and properly answer the notice of discovery and inspection of March 7, 2012; and 3) awarding respondent’s costs of motion together with costs, sanctions and attorneys fees against petitioner and his counsel.

THOMAS MICHAEL APPELT, AS EXECUTOR OF THE ESTATE OF FRANCES APPELT, DECEASED, pet, JR., v. KATHRYN FRANCES REAY ZOLLO, A/K/A KATHRYN FRANCES APPELT, A/K/A KATHRYN FRANCES REAY, AND JOHN ZOLLO, ESQ., res

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