ESTATE OF CHRISTOPHER PANNONE, Deceased

ESTATE OF CHRISTOPHER PANNONE, Deceased (13/1227) — In this pending proceeding, a petition for letters of administration for the limited purpose of discovering assets has been filed by Christopher Siragusa, decedent's grandson from a pre-deceased child of the decedent. A motion to dismiss that petition was filed by Linda Hannula, decedent's daughter, for failure to specify any congnizable basis for the issuance of letters pursuant to CPLR 3211(a)(1) and (7). Reply papers to the motion were submitted and oral arguments were heard by the Surrogate on September 10, 2014. Petitioner's request for letters of administration for the limited purpose of discovery is granted and the motion to dismiss said petition is denied.

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ESTATE OF CHRISTOPHER PANNONE, Deceased (13/1227) — In this pending proceeding, a petition for letters of administration for the limited purpose of discovering assets has been filed by Christopher Siragusa, decedent’s grandson from a pre-deceased child of the decedent. A motion to dismiss that petition was filed by Linda Hannula, decedent’s daughter, for failure to specify any congnizable basis for the issuance of letters pursuant to CPLR 3211(a)(1) and (7). Reply papers to the motion were submitted and oral arguments were heard by the Surrogate on September 10, 2014. Petitioner’s request for letters of administration for the limited purpose of discovery is granted and the motion to dismiss said petition is denied.

The allegations made by both the Petitioner and the Respondent are naturally, in opposition to one another. To deny the petitioner his right to discovery would ultimately take away at such an early stage of this matter,his entire opportunity to seek and determine to what they may be entitled. SCPA 1002 (1) states “any person interested in the estate of an intestate or a of a person alleged to be deceased…would be a proper party [and] may present a petition to the court having jurisdiction praying for a decree granting letters of administration.” Clearly, the Petitioner herein has an interest in the estate of the deceased and most certainly is entitled to discover that which could belong to the estate, and ultimately, to him as a distributee of the decedent.

ESTATE OF CHRISTOPHER PANNONE, Deceased

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