ESTATE OF PESOLA TRUST, dated 1/28/2009, as amended

ESTATE OF PESOLA TRUST, dated 1/28/2009, as amended. (15/2527) — Pursuant to a decision dated May 28, 2015 on defendants' preanswer motions to dismiss, Hon. Arthur G. Pitts, Supreme Court, Suffolk County, transferred an action entitled Pesola v. Pesola and DeLardi to this court, finding that it involved the affairs of a decedent. Observing that this court has no estate on file for the decedent Pat Pesola a/k/a Patsy Pesola a/k/a Pasquale Pesola a/k/a Patrick Pesola, and that at the heart of the parties' dispute is an inter vivos trust and the successor trustee's transfer of assets subsequent to the death of the now deceased grantor, the court issued a decision converting the action to a proceeding to set aside the deed(s) transferring the properties at issue in the transferred litigation. Plaintiff was given leave to amend his pleading and the defendants' rights were reserved concerning any affirmative defenses they may have or motions they would wish to make or renew. Plaintiff/petitioner has now amended his pleading and the defendants have again moved to dismiss the pleading based on various grounds, including failure to state a cause of action, waiver and documentary evidence. For the reasons set forth herein, the motions, insofar as they seek an order dismissing the instant petition, are granted.

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ESTATE OF PESOLA TRUST, dated 1/28/2009, as amended. (15/2527) — Pursuant to a decision dated May 28, 2015 on defendants’ preanswer motions to dismiss, Hon. Arthur G. Pitts, Supreme Court, Suffolk County, transferred an action entitled Pesola v. Pesola and DeLardi to this court, finding that it involved the affairs of a decedent. Observing that this court has no estate on file for the decedent Pat Pesola a/k/a Patsy Pesola a/k/a Pasquale Pesola a/k/a Patrick Pesola, and that at the heart of the parties’ dispute is an inter vivos trust and the successor trustee’s transfer of assets subsequent to the death of the now deceased grantor, the court issued a decision converting the action to a proceeding to set aside the deed(s) transferring the properties at issue in the transferred litigation. Plaintiff was given leave to amend his pleading and the defendants’ rights were reserved concerning any affirmative defenses they may have or motions they would wish to make or renew. Plaintiff/petitioner has now amended his pleading and the defendants have again moved to dismiss the pleading based on various grounds, including failure to state a cause of action, waiver and documentary evidence. For the reasons set forth herein, the motions, insofar as they seek an order dismissing the instant petition, are granted.

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ESTATE OF PESOLA TRUST, dated 1/28/2009, as amended

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