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ESTATE OF ARMEN MANOOGIAN, ALSO KNOWN AS KAY ARMEN, Deceased. (3955/11) — In this probate proceeding, the uncontested motion to substitute Alison Bischoff, as trustee of the Betty Jane Steven Trust, in place of Betty Jane Steven was granted (see CPLR §1021) at the call of calendar on August 7, 2013.

Steven, decedent Armen Manoogian’s sister, had sought discovery pursuant to SCPA §1404 and had brought a motion to compel certain discovery, which was filed on January 9, 2013, and was returnable before the court on Feburary 8, 2013 (the “January 2013 Motion”). Steven had previously brought another discovery motion that resulted in a decision of this court dated December 5, 2012. After the January 2013 Motion was submitted for the court’s decision, counsel for the proponent indicated to the court her belief that Steven died in Illinois on April 15, 2012. On this motion, movant’s counsel has provided to the court an acknowledged assignment made prior to Steven’s death by Bischoff, acting under a power of attorney from Steven, which assigned Steven’s interest in decedent’s estate to the Betty Jane Steven Trust (see Matter of Strange, 164 Misc 929 [Sur Ct, New York County 1937]; accord Matter of Waterbury, 18 Misc 2d 732 [Sur Ct, New York County 1959]).

 
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