APPLICATION OF EDMOND DEMETRI OGEDENGBE

MATTER OF THE APPLICATION OF EDMOND DEMETRI OGEDENGBE, (53/A/09) — In this contested proceeding by a former infant to recover funds allegedly misappropriated by his brother, the former guardian of his property, the petitioner now moves for: (1) an order pursuant to CPLR 3126 seeking, in effect, to strike and dismiss the objections by the former guardian, based on the former guardian's failure to provide discovery; and, (2) for court approval of a stipulation between the petitioner and the respondent depository, TD Bank. There is no opposition to the motion by the former guardian. TD Bank joins in the request for approval of the stipulation and does not oppose the balance of the motion.

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MATTER OF THE APPLICATION OF EDMOND DEMETRI OGEDENGBE, (53/A/09) — In this contested proceeding by a former infant to recover funds allegedly misappropriated by his brother, the former guardian of his property, the petitioner now moves for: (1) an order pursuant to CPLR 3126 seeking, in effect, to strike and dismiss the objections by the former guardian, based on the former guardian’s failure to provide discovery; and, (2) for court approval of a stipulation between the petitioner and the respondent depository, TD Bank. There is no opposition to the motion by the former guardian. TD Bank joins in the request for approval of the stipulation and does not oppose the balance of the motion.

After the commencement of this proceeding and the filing of objections by the former guardian and the depository, the attorney representing the former guardian was granted leave to withdraw as his counsel and the proceeding was stayed for a period of 30 days to afford the former guardian the opportunity to retain new counsel, should he so desire (see Matter or Ogendengbe, NYLJ, Nov. 19, 2012, at 21, col 5). That time has expired, and the former guardian now appears pro se. The movant alleges the former guardian failed to respond to the following discovery demands served upon him, all dated May 9, 2012: (1) a Demand for Bill of Particulars as to Affirmative Defenses; (2) a Notice to Take Deposition; (3) a Notice for Discovery and Inspection; and, (4) the discovery demands served by the depository dated August 21, 2012, including a First Set of Interrogatories and Request for Production of Documents. Based upon these failures to provide discovery, the movant seeks an order dismissing the objections and for a judgment against the former guardian totaling $113,678.20 for misappropriation of payments for his benefit during his infancy, with interest accruing from the dates of conversion.

APPLICATION OF EDMOND DEMETRI OGEDENGBE

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