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ESTATE OF ANN GRIMSHAW BRUNNER, Deceased

ESTATE OF ANN GRIMSHAW BRUNNER, Deceased. (13/2093) — This is an application by the attorney for petitioner for an order dismissing the respondent's pleading, or alternatively, issuing preliminary letters to petitioner and holding the underlying probate proceeding in abeyance pending a determination in Queens involving this decedent and her predeceased spouse's estate. The court notes that the guardian ad litem appointed to represent the interests of infant beneficiaries has not filed papers in connection with this application.

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ESTATE OF ANN GRIMSHAW BRUNNER, Deceased. (13/2093) — This is an application by the attorney for petitioner for an order dismissing the respondent’s pleading, or alternatively, issuing preliminary letters to petitioner and holding the underlying probate proceeding in abeyance pending a determination in Queens involving this decedent and her predeceased spouse’s estate. The court notes that the guardian ad litem appointed to represent the interests of infant beneficiaries has not filed papers in connection with this application.

The underlying proceeding was commenced in May of 2013 by the filing of a petition for probate of an instrument dated April 11, 2013. On February 4, 2014, respondent filed objections asserting the typical defects. Upon issue being joined, the court directed the parties to appear for conference for the purposes of scheduling pretrial disclosure, as the court may set reasonable conditions and constraints in supervising same (see Matter of U.S. Pioneer Electric Corp., 47 NY2d 914; SCPA 510; 22 NYCRR 207.29). At the conference, on June 6, 2014, the court gave the parties the opportunity to choose the discovery devices to employ, organize the order that said devices were to be implemented and schedule the time frame in which to accomplish same. Thereafter, the parties executed a pretrial discovery stipulation that embodied their agreement, which was “so ordered” by the court.

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