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Matter of the Estate of Durcan

Morgan Stanley, Beneficiary Directed to Turnover IRA Proceeds Decedent Owned at Death

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The following papers were considered in determining this motion and this cross-motion for summary judgment:Papers Considered NumberedAdministrator’s Petition for Turnover of Property               1Verified Answer of Mary Anne Cunney 2Verified Answer of Morgan Stanley Smith Barney LLC        3Affirmation of Abigail Elrod, on behalf of Morgan Stanley Smith Barney, LLC, in “Response to Order to Show Cause” and Petition, filed on May 4, 2016, with Exhibits           4Notice of Motion for Summary Judgment and Affirmation in Support with Exhibits           5, 6Memorandum of Law in Support of Motion for Summary Judgment   7Notice of Cross-Motion for Summary Judgment by Mary Anne Cunney and Affirmation in Support and in Opposition to Motion, with Exhibits              8, 9Memorandum of Law in Opposition to Motion for Summary Judgment and in Support of Cross-Motion          10Petitioner’s Reply Memorandum of Law              11DECISION

*1 James Durcan, the administrator of the estate of decedent Joan Durcan, petitions for turnover from Mary Anne Cunney (“Cunney”) and Morgan Stanley Smith Barney LLC (“Morgan Stanley”) of the proceeds of four accounts owned by decedent which Morgan Stanley paid to Cunney after decedent’s death.Decedent died in November 11, 2014, survived by her two siblings, Cunney and petitioner, and five nieces and nephews, children of a pre-deceased brother. Petitioner obtained

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