X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Cases Released On July 25, 2019

Surrogate TitoneESTATE OF CAROL BLAKE TRUST U/A/D JUNE 26, 2001, Deceased (09-266/C) — In this probate proceeding, decedent died a resident of Richmond County on December 24, 2008. At the time of her death, the decedent owned residential real estate located at 11 Keegans Lane, Staten Island, NY 10308. Successor Letters of Trusteeship were issued to Robert Russo on February 21, 2017.Robert Russo, (“Trustee”) by Order to Show Cause now seeks the following relief:1. Final Judgment awarding possession of the premises known as 11 Keegans Lane, Staten Island, NY 10308 to the petitioners;2. Issuance of a Warrant of Eviction to remove Nicholas Radice from possession thereof;3. An order to sell the property;4. Judgment for Real Estate Tax arrears herein; and5. For such other relief as this Court deems appropriate.The proceeding was commenced by the Trustee pursuant to SCPA §201. Jurisdiction was obtained over all parties. No objections or opposition was filed. The Order to Show Cause was returnable April 10, 2019, then adjourned to June 5, 2019, and finally June 19, 2019 to allow respondent, Nicholas Radice, time to hire counsel if desired, and file opposition. As of June 19, 2019, Nicholas Radice did appear pro-se, but did not file opposition.Trustee contends that the residence must be sold in order to (a) pay the outstanding real estate taxes, and (b) repair the residence and prevent a tax foreclosure lien. Although Nicholas Radice was granted a life estate, the property and the trust provided he paid all expenses, including real estate taxes, water and sewer charges, repairs, homeowners insurance, and the customary expenses of home ownership. The Trustee provided evidence which, was not contradicted, that the real estate taxes have not been paid, and attested to the defects evident in the property.Having reviewed all the papers heretofore filed herein, and heard counsel and Nicholas Radice during oral argument, the Court finds it has subject matter jurisdiction and that the sale of the property is necessary as the life tenant has not maintained the property during his tenancy. This failure to maintain the property ceasing the life tenancy of Nicholas Radice.The Court hereby directs Nicholas Radice to vacate the premises located at 11 Keegans Lane, Staten Island, NY 10308 within thirty (30) days from the personal service of a certified copy of this Order upon him. Nicholas Radice is further directed to provide immediate access to such premises to the Trustee and his agents for the purpose of appraisal and/or inspection of said property. After the thirty (30) day period ends, the Trustee shall have exclusive possession of 11 Keegans Lane, Staten Island, NY 10308. Additionally, the Court directs that if Nicholas Radice refuses to provide the Trustee or his agents with keys to the premises, then the petitioners are authorized to change the locks, and if necessary, a Warrant of Eviction may issue upon five (5) days notice to Nicholas Radice.This matter is restored to the Court’s Calendar for control purposes on September 25, 2019 at 9:30 am.The Clerk of the Court is directed to mail a copy of this decision by regular mail to Angiuli & Gentile LLP, and Nicholas Radice.This decision shall constitute the Order of the Court.Dated: July 16, 2019

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

Boutique union side labor law firm seeks an entry level attorney that can thrive in a fast paced practice that is growing at a rapid rate. E...


Apply Now ›

Our client, a highly distinguished regional law firm, is seeking to hire a Capital Markets Associate for their growing office. Candidates s...


Apply Now ›

Carlton Fields is seeking an associate to join our Hartford office with three to five years of construction litigation experience. Excellent...


Apply Now ›