ESTATE OF ROSARIO DRAGO, Deceased

ESTATE OF ROSARIO DRAGO, Deceased (851/P-1999/D) — The decedent's daughter, who is the pro se objectant in a pending contested accounting proceeding, submits an ex parte application titled "Order To Attend and Be Examined," purporting to be pursuant to SCPA 2103, seeking various documents and a deposition of the accounting petitioner, the decedent's son who is the suspended fiduciary of the estate. The relief sought in the instant application, the provision of documents and depositions, appears to duplicate the relief already provided by written Discovery Conference Stipulation & Order dated January 28, 2013 which was entered into by the parties in the contested accounting proceeding and "so-ordered" by the court. That so-ordered stipulation provides, inter alia, that after the parties respond to one another's document requests, the pro se objectant and the petitioner are to appear for their respective depositions either in person or via video conference during certain dates in early to mid-April, 2013, and shall appear thereafter at the court's April 25, 2013 calendar for a compliance conference.

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ESTATE OF ROSARIO DRAGO, Deceased (851/P-1999/D) — The decedent’s daughter, who is the pro se objectant in a pending contested accounting proceeding, submits an ex parte application titled “Order To Attend and Be Examined,” purporting to be pursuant to SCPA 2103, seeking various documents and a deposition of the accounting petitioner, the decedent’s son who is the suspended fiduciary of the estate. The relief sought in the instant application, the provision of documents and depositions, appears to duplicate the relief already provided by written Discovery Conference Stipulation & Order dated January 28, 2013 which was entered into by the parties in the contested accounting proceeding and “so-ordered” by the court. That so-ordered stipulation provides, inter alia, that after the parties respond to one another’s document requests, the pro se objectant and the petitioner are to appear for their respective depositions either in person or via video conference during certain dates in early to mid-April, 2013, and shall appear thereafter at the court’s April 25, 2013 calendar for a compliance conference.

As much of the specific relief sought in the instant application appears to be, for all practical purposes, duplicative of that provided by the so-ordered written stipulation dated January 26, 2013, as well as premature as depositions are currently scheduled for April, 2013, the court declines to entertain the pro se objectant’s application at this time. To the extent that, by April 25, 2013, the daughter believes that certain discovery is incomplete or remains outstanding, then at the compliance conference to be held on April 25, 2013, she may identify same and request specific additional relief with respect thereto, if any.

ESTATE OF ROSARIO DRAGO, Deceased

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