Judge Cathy Seibel
The parties are brothers. Clarence suggested their mother transfer the family home to coresident brother Ronald under Medicaid transfer laws, and appoint him co-transferee due to Ronald’s incompetence. On Jan. 18, 1998, Clarence—executor of his mother’s estate—bought Ronald’s interest for $3,000, and began renting out the home. He informed his siblings—including Michael—of the transfer on April 1, 1998. On April 8 Clarence mortgaged the home and used the proceeds to buy other property—a practice that continued for over a decade. In his third amended complaint (TAC)—in a July 2012 pro se action asserting fraud, conversion and breach of fiduciary duty—Michael alleged that from 1998 through 2010, Clarence claimed that nothing was happening with the home, or that he had no money to distribute to his siblings. The court dismissed suit as untimely under Civil Practice Law and Rules §§203(g) and 213(8), and ineligible for equitable tolling or equitable estoppel. Michael had until April 1, 2004, to sue, was obliged to investigate Clarence’s activities before January 2011, and should have been more vigilant in protecting his rights. His lack of diligence barred equitable relief from the six-year limitations period.
