ESTATE OF LAWRENCE W. SMALL, as Trustee

ESTATE OF LAWRENCE W. SMALL, as Trustee (08/17) — This proceeding by Sagi Genger, a beneficiary of a life insurance trust established by his father, Arie Genger, seeking removal of the trustee, Lawrence Small, was commenced in 2008. After years of inaction by petitioner, the court directed him either to prosecute his proceeding or to discontinue it by a date certain and warned him that, if he failed to do one or the other, the proceeding would be dismissed for failure to prosecute (see Matter of Genger, NYLJ, April 27, 2015, at 21, col 3 [Sur Ct, New York County 2015]). Thereafter, petitioner filed a "Notice of Discontinuance" pursuant to CPLR 3217(a)(1). However, such purported notice was insufficient to discontinue the proceeding because a responsive pleading had been filed (see id.). Although six months have elapsed since petitioner was notified of the deficiency, he has taken no further action to discontinue the proceeding in accordance with the CPLR. Accordingly, the petition is dismissed for failure to prosecute (see CPLR 3216; see also SCPA §209[8]). The compensation of the guardian ad litem will be fixed in a separate order upon the submission of contemporaneous time records and an affidavit of services.

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ESTATE OF LAWRENCE W. SMALL, as Trustee (08/17) — This proceeding by Sagi Genger, a beneficiary of a life insurance trust established by his father, Arie Genger, seeking removal of the trustee, Lawrence Small, was commenced in 2008. After years of inaction by petitioner, the court directed him either to prosecute his proceeding or to discontinue it by a date certain and warned him that, if he failed to do one or the other, the proceeding would be dismissed for failure to prosecute (see Matter of Genger, NYLJ, April 27, 2015, at 21, col 3 [Sur Ct, New York County 2015]). Thereafter, petitioner filed a “Notice of Discontinuance” pursuant to CPLR 3217(a)(1). However, such purported notice was insufficient to discontinue the proceeding because a responsive pleading had been filed (see id.). Although six months have elapsed since petitioner was notified of the deficiency, he has taken no further action to discontinue the proceeding in accordance with the CPLR. Accordingly, the petition is dismissed for failure to prosecute (see CPLR 3216; see also SCPA §209[8]). The compensation of the guardian ad litem will be fixed in a separate order upon the submission of contemporaneous time records and an affidavit of services.

ESTATE OF LAWRENCE W. SMALL, as Trustee

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