In this pending SCPA Article 19 proceeding, the administrator seeks: (1) an order from this Court to sell the real property known as 97 Nelson Avenue, Staten Island, NY 10308;(2) an order approving the Contract of Sale and directing the payment and distribution of the respective shares to the parties entitled thereto after payment of same;(3) final judgment directing Robert V. Gardner and Albert Anzalone to vacate the premises immediately, the issuance of a warrant to remove respondents from possession thereof, and judgment for the fair value of use and occupancy with interest and costs and disbursements herein, including attorney fees associated with this action.Jurisdiction was deemed complete over Robert V. Gardner and Albert Anzalone via Decision and Order of this Court dated March 19, 2018. All other interested parties have previously signed waivers and consents.This matter was restored to the Court’s calendar of April 25, 2018. At such time, Susanne Gennussa, Esq., counsel for Peter S. Viola, a/k/a Peter Viola, Peter S. Viola, a/k/a Peter Viola, Robert V. Gardner (Pro-Se) and Albert Anzalone (Pro-Se) appeared before this court. No formal opposition papers have been filed by Robert V. Gardner and/or Albert Anzalone, nor have the pro-se parties opposed the relief on the record before the Court. The Court, from the bench, directed Robert V. Gardner and Albert Anzalone to cooperate and vacate the premises.The matter next appeared on this Court’s calendar of June 6, 2018 at 9:30 a.m. Susanne Gennussa, Esq., counsel for Peter S. Viola, a/k/a Peter Viola, Peter S. Viola, a/k/a Peter Viola, and Robert V. Gardner (Pro-Se) appeared before this court. Albert Anzalone did not appear on this date. Robert V. Gardner informed the Court that Albert Anzalone was home sick. Robert V. Gardner advised the Court that he was making arrangements to move out and should be out in two weeks.The Court hereby affirms its direction of April 25, 2018 and directs Robert V. Gardner and Albert Anzalone to vacate the premises known as 97 Nelson Avenue, Staten Island, NY 10308. Robert V. Gardner and Albert Anzalone are directed to vacate prior to the return date of July 18, 2018. Failure to vacate may result in the finding of contempt. In addition, should Robert V. Gardner and Albert Anzalone fail to vacate, then a warrant of eviction may issue.Additionally, the Court has subject matter jurisdiction and finds that the sale of the real property is necessary in order to properly distribute the assets of the decedent. Accordingly, the sale of said premises known as 97 Nelson Avenue, Staten Island, NY 10308 is approved in accordance with the provisions contained in the Contract of Sale dated November 16, 2016.The net proceeds from the sale of the real property, after the payment of the usual and customary seller’s expenses, are to be deposited in an FDIC insured attorney escrow account by the Law Firm of Susanne Gennussa, Esq., as attorney and escrow agent for Peter S. Viola, a/k/a Peter Viola, Administrator of the Estate of Geraldine Viola, a/k/a Geraldine Gardner, until further Order of this Court. Distribution of estate assets, including the net proceeds of the within sale, is prohibited without prior approval of this Court.Counsel for petitioner shall file an updated affirmation listing:(1) costs and disbursements;(2) attorney fees and;(3) carrying costs.This decision shall constitute the Order of the Court.Dated: June 14, 2018
