ESTATE OF ROMAN BLUM, Deceased

ESTATE OF ROMAN BLUM, Deceased. (12-29/B) — In this pending proceeding, Richard LaRosa, Esq., on behalf of the Public Administrator of Richmond County, has moved to dismiss a 2006 instrument filed by Anthony J. Allegrino II, purporting to be the Last Will and Testament of Roman Blum. Mr. Allegrino offered the purported will for probate on September 18, 2013. Since that time, either through his former counsel, or on his own, Mr. Allegrino, has failed to comply with the requirements necessary to probate the will. His failure to comply with the basic requirements to validate the purported document as well as his failure to comply with the numerous court orders mandating that he diligently prosecute the matter leaves the Court with no choice but to grant the instant motion to dismiss Mr. Allegrino's petition.

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ESTATE OF ROMAN BLUM, Deceased. (12-29/B) — In this pending proceeding, Richard LaRosa, Esq., on behalf of the Public Administrator of Richmond County, has moved to dismiss a 2006 instrument filed by Anthony J. Allegrino II, purporting to be the Last Will and Testament of Roman Blum. Mr. Allegrino offered the purported will for probate on September 18, 2013. Since that time, either through his former counsel, or on his own, Mr. Allegrino, has failed to comply with the requirements necessary to probate the will. His failure to comply with the basic requirements to validate the purported document as well as his failure to comply with the numerous court orders mandating that he diligently prosecute the matter leaves the Court with no choice but to grant the instant motion to dismiss Mr. Allegrino’s petition.

SCPA 209(8) provides the court with the power to dismiss any proceeding which the petitioner has neglected to prosecute diligently. It has been two years since the filing of the purported document referenced herein, and to date, due diligence has yet to be completed. Mr. Allegrino, the respondent herein, has had ample time and opportunity to perform due diligence in order to have a citation issue. With the potential to inherit $40 million, one would surmise that the respondent would be anxious to complete his due diligence and have the will admitted to probate. Yet, that has not been the case. The respondent and his attorney were directed on numerous occasions to complete and submit due diligence that would comport with statutory requirements in a probate proceeding.

ESTATE OF ROMAN BLUM, Deceased

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