DECISION AND ORDER In this contested accounting proceeding, the petitioner, Ana Val (Val), seeks judicial settlement of her account as the administrator in the estate of Alexandre Bebko (the decedent). Taisiya Aleksandrovna Jacobson (Taisiya) now moves for an order compelling Val to comply with discovery demands, and for the costs and legal fees associated with the instant motion. Val has offered no opposition to the motion. The parties entered into a written stipulation dated April 16, 2019 (the stipulation) and filed it with the court. According to the terms of the stipulation the parties agreed to complete discovery pursuant to SCPA 2211 prior to filing objections.1 In pertinent part, the stipulation requires service of discovery demands by June 7, 2019, responses to discovery demands by July 12, 2019, examinations pursuant to SCPA 2211 by September 20, 2019, and filing objections, if any, by October 8, 2019. Taisiya served discovery demands upon Val on June 7, 2019. The discovery demands are reasonable and relevant to the proceedings. Val has not responded to the discovery demands despite numerous attempts by Taisiya to resolve Val’s lack of response. It is uncontested that Taisiya’s attorney contacted Val’s attorney regarding the failure to respond to discovery on numerous occasions and was unable to resolve the discovery issues. On June 28, 2019, Taisiya’s attorney called Val’s attorney who indicated that he would call back on July 2, 2019. Val’s attorney did not call back on July 2, 2019. Taisiya’s attorney emailed Val’s attorney on July 9, 2019 regarding the failure to respond to discovery. On July 18, 2019, Taisiya’s attorney again called and emailed Val’s attorney regarding the failure to respond to discovery. Val’s attorney did not respond to any communication between the June 28, 2019 telephone call and the filing of the instant motion. Additionally, the Court is aware of the history of the litigation between Taisiya and Val in numerous related proceedings involving the decedent’s estate. In the related proceedings, Taisiya has sought to (1) revoke the letters of administration issued to Val on June 13, 2005 (2005-2370/A), (2) appoint a successor administrator (2005-2370/B), (3) compel an accounting by Val (2005-2370/D), and (4) recover damages for fraud and other related relief (2005-2370/F). Taisiya was unable to effectuate service upon Val, an attorney, on file numbers 2005-2370/A, 2005-2370/B, and 2005-2370/D at the address Val listed in her petition for letters of administration, or at Val’s law office address. Moreover, Val, through an attorney, refused to provide a home address for service of process, thereby necessitating that this Court issue an order for substitute service on file numbers 2005-2370/A, 2005-2370/B, and 2005-2370/D. Val also failed to provide verified responsive pleadings to the complaint in file 2005-2370/F. In a decision dated October 15, 2018, this Court denied Val’s pre-answer motion to dismiss the complaint filed in 2005-2370/F. A notice of entry of the decision denying the pre-answer motion to dismiss the complaint was filed with the court on November 7, 2018 in 2005- 2370/F. Val failed to file verified responsive pleadings in 2005-2370/F and Taisiya filed for a default judgment against Val. In a decision dated May 31, 2019, the motion for default judgment was denied and Val was given leave to file verified responsive pleadings within ten days of the filing of notice of entry of the decision and order denying the default judgment against Val. On September 6, 2019, Taisiya filed a notice of entry of the decision and order denying the default judgment against Val. To date, Val has not filed verified responsive pleadings with the court on file 2005-2370/F. Accordingly, it is ORDERED that on or before November 20, 2019, Ana Val, shall 1. Reply to Taisiya Aleksandrovna Jacobson’s First Notice of Discovery and Inspection, dated June 6, 2019; 2. Reply to Taisiya Aleksandrovna Jacobson’s First set of Interrogatories, dated June 6, 2019; 3. Produce a completed NYS DTF-505, Authorization for Release of Photocopies of Tax Returns and/or Tax Information, for The Estate of Alexandre Bebko a/k/a Alexander Bebko; 4. Produce a completed NYS DTF-505, Authorization for Release of Photocopies of Tax Returns and/or Tax Information, for Alexandre Bebko a/k/a Alexander Bebko (individually); 5. Produce a completed IRS 4506-T, Request for Transcript of tax Return, for The Estate of Alexandre Bebko a/k/a Alexander Bebko; 6. Produce completed IRS 4506-T, Request for Transcript of tax Return, for Alexandre Bebko a/k/a Alexander Bebko (individually); and it is further ORDRED, that Ana Val shall be produced for examination pursuant to SCPA 2211 on or before December 13, 2019, and that costs for said examination shall be borne by Ana Val, individually, in lieu of costs associated with this motion and legal fees; and it is further ORDRED, that Taisiya Aleksandrovna Jacobson is granted leave to file an amended verified objection to the instant petition on or before January 10, 2020. The foregoing constitutes the decision and order of this court. Date: October 25, 2019 Brooklyn, New York
