ESTATE OF DANIEL KELLY, Deceased

ESTATE OF DANIEL KELLY, Deceased (28/C/09) — This is a proceeding by Petitioner, JOHN KELLY, Administrator of the estate of the decedent herein, to punish the Respondent, DONNA GAGLIANO, for contempt of Court for failing to comply with this Court's Order dated June 18, 2012. In that Order, it was determined that she was lawfully divorced from the decedent at the time of his death, and she was ordered to return to the estate monies she received from the decedent's federal death benefits. To date, she has failed to comply with this sixteen (16) month old Order and her latest attempt to delay her compliance is in the form of an application to remove this matter to Federal Court. Respondent's counsel, William O'Halloran, Esq., contends that this Court is "now threatening the liberty of Ms. Gagliano in an attempt to do indirectly what it can't do directly..." While it is up to the Federal Court to determine whether or not to accept removal of this matter, there has been no Order to stay the pending matter and therefore this Court will continue to move forward with this proceeding.

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ESTATE OF DANIEL KELLY, Deceased (28/C/09) — This is a proceeding by Petitioner, JOHN KELLY, Administrator of the estate of the decedent herein, to punish the Respondent, DONNA GAGLIANO, for contempt of Court for failing to comply with this Court’s Order dated June 18, 2012. In that Order, it was determined that she was lawfully divorced from the decedent at the time of his death, and she was ordered to return to the estate monies she received from the decedent’s federal death benefits. To date, she has failed to comply with this sixteen (16) month old Order and her latest attempt to delay her compliance is in the form of an application to remove this matter to Federal Court. Respondent’s counsel, William O’Halloran, Esq., contends that this Court is “now threatening the liberty of Ms. Gagliano in an attempt to do indirectly what it can’t do directly…” While it is up to the Federal Court to determine whether or not to accept removal of this matter, there has been no Order to stay the pending matter and therefore this Court will continue to move forward with this proceeding.

The proof indicates that no effort was made by the Respondent to comply with the Order of the Court, dated June 18, 2012, directing her to return monies to the estate of the decedent. It is accordingly concluded that the Respondent is in contempt in that she wilfully disobeyed the provisions of said Order, which failure, refusal and neglect, defeated, impeded, impaired and prejudiced the rights and remedies of the Petitioner herein.

ESTATE OF DANIEL KELLY, Deceased

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