ADDITIONAL CASES Proceeding to Invalidate the December 24, 2013 Amendment and Restatement of the Trust Created under an Agreement Dated July 17, 2012, between Sheila Bond Goldberg, Grantor, and Sheila Bond Goldberg and UBS Trust Company, N.A., Trustees; 2017-1951/B DECISION and ORDER Two related proceedings — the probate proceeding in the estate of Sheila Bond Goldberg and the proceeding to invalidate the December 24, 2013 amendment and restatement of the Trust created under an agreement dated July 17, 2012, between Sheila Bond Goldberg, grantor, and Sheila Bond Goldberg and UBS Trust Company, N.A., trustees — remain contested, notwithstanding reports from counsel that the parties have negotiated and effectuated a global settlement. Sheila Bond Goldberg died on March 25, 2017, survived by a son, who is Petitioner in the probate proceeding, and a daughter, who is Petitioner in the trust proceeding. In his 2017 probate petition, decedent’s son valued the estate at $25,000. In her 2018 petition, decedent’s daughter stated her belief that the trust was valued at $250,000. On April 21, 2020, the court referred the parties to both proceedings (decedent’s son, decedent’s daughter, the son of decedent’s son, and the trust company which serves as trustee of the trust1) to mediation with mediators affiliated with the New York Peace Institute. One year later, the court requested a status report from counsel for each Petitioner. A May 13, 2021 response from counsel for Petitioner in the probate proceeding indicated that a global settlement was in the offing. On August 26, 2021, the court asked counsel for decedent’s son to arrange a conference call but was informed that none was necessary as a global settlement had been reached, that probate objections would be withdrawn, that the parties would consent to the admission of the propounded instrument to probate subject to their agreement, and that the trust proceeding would be discontinued. Although counsel for decedent’s son informed the court on October 20, 2021 that he would be drafting stipulations to be executed and filed, a December 30, 2021 follow-up call revealed that stipulations had yet to be drafted. In view of these circumstances, the court directs as follows. With respect to the probate proceeding: Unless a stipulation, wherein objections are withdrawn, or a motion or a note of issue is filed by June 22, 2022, the court, exercising its supervisory function, will dismiss the petition on the basis that Petitioner has neglected to prosecute it diligently (SCPA 209 [8]; CPLR 3216; see Bort v. Perper, 82 AD3d 692, 694 [2d Dept 2011 ]; Koscinski v. St. Joseph’s Med. Ctr., 24 AD3d 421, 421 -422 [2d Dept 2005]), and the Preliminary Letters Testamentary previously issued by this court will be revoked (see Matter of Eckstein, NYLJ, July 15, 2021, at 18, col 3 [Sur Ct, NY County]). With respect to the trust proceeding: Unless a stipulation of discontinuance (see CPLR 3217 [a] [2]), or a motion or a note of issue is filed by June 22, 2022, the court, exercising its supervisory function, will dismiss the petition on the basis that Petitioner has neglected to prosecute it diligently (SCPA 209 [8]; CPLR 3216; see Bort v. Perper, 82 AD3d 692, 694 [2d Dept 2011]; Koscinski v. St. Joseph’s Med. Ctr., 24 AD3d 421, 421-422 [2d Dept 2005]). The Clerk of the Court is directed to mail a copy of this decision and order, by certified mail, to each of the five persons whose names and addresses appear at the foot of this Decision and Order. Dated: March 10, 2022
