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ESTATE OF LOUIS H. SEEGERS A/K/A LOUIS H. SEEGERS, SR., Deceased (15/1161/A) — By decision dated June 20, 2017, this court scheduled captioned proceeding appeared on today’s calendar for a hearing upon learning that respondent Jeanette Hegmann (Hegmann), who had agreed on the record and under oath before the undersigned on May 16, 2017 that she would pay petitioner the sum of $145,000 in settlement of all claims, failed to pay the entire amount. In fact, petitioner noted for the court that he received $143,000 from Hegmann, but never received the remaining funds and has not heard from Hegmann in the interim. The court officer called Hegmann’s name in the court room and in the corridor, but she failed to appear.

Petitioner then offered his testimony and exhibits, including bank records from Capital One (Exhibit #1), responses to discovery demand(s) with a copy of a New York statutory short form power of attorney (Exhibit #2) and a copy of Hegmann’s March 14, 2016 deposition transcript (Exhibit #3); supporting petitioner’s claim that Hegmann removed a total of $199,669.87 from decedent’s accounts, reflecting the proceeds of the sale of the decedent’s residence, and deposited such sum into her own individual bank account(s). Petitioner further testified that, in response to petitioner’s demand for payment, Hegmann paid $143,000 and has not produced any additional funds.

 
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