Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Estate of Dziubkowski

Executor Granted Motion to Relieve Counsel, Substitute With New Law Firm

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following submissions were considered on this motion:Papers NumberNotice of Motion by Petitioner, Lucius Tyrasinksi, Affirmation of Gloria Goldenberg, Esq., and Affidavit of Petitioner    1, 2, 3,Notice of Cross-Motion, Affirmation of Edwin I. Gorski, Esq.            4,Affirmation in Opposition to Cross-Motion         5DECISION and ORDER

*1 Before the court is the motion of Lucius Tyrasinski (petitioner) seeking an order relieving Edwin I. Gorski (counsel) as his attorney, and substituting the firm of Solomon & Bernstein as his attorneys. Counsel cross-moves for an order denying petitioner’s motion and also seeks a “judgment” for the sum of $53,722.79 for his fees. Objectant’s attorneys did not file papers in opposition, but appeared during oral argument in strong support of petitioner’s motion.BackgroundThe petitioner filed a petition seeking to admit to probate an instrument dated April 16, 2013 (the propounded instrument) purporting to be the last will and testament of Sophie Dziubkowski (decedent) that names proponent as executor and Our Lady of Czestochowa (beneficiary), a religious institution affiliated with the proponent, as the sole beneficiary. The decedent’s daughter filed objections to probate, and requested SCPA 1404 examinations. The petitioner was issued preliminary letters testamentary pending the probate contest.Petitioner’s counsel, who is also the attorney-drafter of the propounded instrument, failed to provide documents requested of him via subpoena and was uncooperative during his SCPA 1404 examination, which resulted in several disclosure disputes between the parties requiring the court’s intervention. Ultimately, counsel had to be compelled to cooperate by the court. Further,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
TRADEMARK ATTORNEY (New York, NY Office)

McCarter & English is actively seeking a 5th-6th year trademark associate who has trademark prosecution, licensing and litigation experi...


Apply Now ›
Torts Outside Counsel Panel

DESCRIPTION: The Metropolitan Transportation Authority ( MTA ) hereby solicits proposals from law firms, including sole practitioners, to pr...


Apply Now ›
(Exclusive) VP of Legal Wanted for Burgeoning Real Estate Investment Firm (Atlanta)

The Partners Group is currently recruiting a VP of Legal for our burgeoning client, a real estate investment firm in Atlanta, GA. The firm h...


Apply Now ›
Go to Lawjobs