ESTATE OF WALTER STOJANOWSKI, Deceased

ESTATE OF WALTER STOJANOWSKI, Deceased (15/745) — These pending probate proceedings are consolidated herein because of the relationships and commonality between the two matters and the issues involved, including the same attorneys for the petitioner/executrix and potential objector, and the same pre SCPA 1404 examination discovery dispute. Decedents were sister and brother and their wills, although drafted on different dates, were prepared by the same attorney. In fact, the movant herein has filed almost identical papers and made the same argument in both cases. Likewise, the respondent answered with the same responses in both cases. At its core is a straight forward discovery dispute. Movant seeks to compel discovery under CPLR 3124 and respondent, who does not dispute movant's rights to the documents sought, claims that after a diligent and thorough search, all documents in her possession have been provided. She further states that both decedents' homes were significantly damaged by water from Super Storm Sandy that hit Staten Island harder than any other area. The sought documents consisting primarily of banking records for specific time frames should be readily recoverable from the financial institutions with appropriate subpoenas duces tecum.

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ESTATE OF WALTER STOJANOWSKI, Deceased (15/745) — These pending probate proceedings are consolidated herein because of the relationships and commonality between the two matters and the issues involved, including the same attorneys for the petitioner/executrix and potential objector, and the same pre SCPA 1404 examination discovery dispute. Decedents were sister and brother and their wills, although drafted on different dates, were prepared by the same attorney. In fact, the movant herein has filed almost identical papers and made the same argument in both cases. Likewise, the respondent answered with the same responses in both cases. At its core is a straight forward discovery dispute. Movant seeks to compel discovery under CPLR 3124 and respondent, who does not dispute movant’s rights to the documents sought, claims that after a diligent and thorough search, all documents in her possession have been provided. She further states that both decedents’ homes were significantly damaged by water from Super Storm Sandy that hit Staten Island harder than any other area. The sought documents consisting primarily of banking records for specific time frames should be readily recoverable from the financial institutions with appropriate subpoenas duces tecum.

The real issue is who should prepare and serve the subpoenas. The Court would be remiss, however, if it did not observe, that the issuance of appropriate subpoenas, even if they had to be “So Ordered” by the Court, would have been easier, cheaper and more efficient that the filing of voluminous motions, answers and replies.

ESTATE OF WALTER STOJANOWSKI, Deceased

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