INTERMEDIATE ACCOUNTING OF VINCENT CHARLES SOFI AND LORRAINE SOFI PUCA AS TRUSTEES OF VARIOUS INTER VIVOS TRUSTS ESTABLISHED BY EDNA MARI SOFI AND VINCENT SOFI, Deceased (2008/2740/A/C; 2008/2855/A-B) — In this contested intermediate trust accounting proceeding concerning multiple intervivos trusts established by both decedents, the accounting trustees Vincent Charles Sofi (Vincent Charles) and Lorraine Sofi Puca (Puca) move for an order, inter alia: (1) pursuant to CPLR 3012, 5015 and SCPA 2206, to vacate their alleged default in the filing of their account for the Vincent Sofi inter Vivos Trust (Vincent Trust) and for leave to file their account; (2) pursuant to CPLR 2221, to renew and reargue this court’s order entered October 22, 2012 upon the decision dated August 3, 2012; and, (3) vacate so much of that same order to the extent it was adverse to them (see Matter of Sofi, 36 Misc 3d 1223 [A]; 2012 NY Slip Op 51458 [U]). The granddaughters of the settlors cross-move for an order directing the trustees to immediately comply with the October 22, 2012 order.
The trustees filed their account only after compulsory accounting proceedings concluded by two separate orders dated June 25, 2009 directing them to account for all of the trusts. After they failed to timely account, a decision and order held them in contempt but afforded them the opportunity to purge themselves of contempt by accounting (see Matter of Sofi, NYLJ, Mar. 15, 2010, at 28, col 2). On March 19, 2010, the trustees filed one combined account for all of the trusts. In its August 3, 2012 decision the court determined, inter alia, that the combined account was deficient in numerous respects and granted partial summary judgment to the granddaughters and against the trustees, surcharging the trustees $299,594.18 and directing Vincent Charles to recovery title to two parcels of realty to himself and Puca, in their capacities as trustees of the Vincent Trust (see Matter of Sofi, 36 Misc 3d at 1223 [A], NY Slip Op 51458 [U]).