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New York County, Surrogate's Court: March 17, 2023

Decision & Order and Order & Decrees signed on:March 1, 13 & 14, 2023

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Decision & Order decided on: March 1, 2023 Surrogate Mella

ESTATE OF FATEMEH MOSSAVAR-RAHMANI, Deceased (14-4502/H) — At the October 28, 2022 return date respondent Bijan Mossavar-Rahmani’s motion for summary determination of the petition to remove him as co-executor of the estate of Fatemeh Mossavar-Rahmani (SCPA 711), the court directed that the proceeding be held in abeyance pending a determination of a related proceeding for the turnover of estate assets (File No. 2014-4502/G). In this removal proceeding, Petitioner (and co-executor) Bahman Mossavar-Rahmani claims that movant, his brother Bijan, must be removed as co-executor because he has not provided information about or an inventory of all estate assets in his possession and that Bijan has not safeguarded some of those assets. In addition, Petitioner alleges that Bijan has claimed ownership of certain tangible assets that belong to this estate. Litigation regarding these same claims is underway in the aforementioned turnover proceeding. If movant has been secreting estate assets and claiming ownership of those assets with knowledge that they are not his personally, then grounds exist under SCPA 711 to remove him as co-executor. The court, however, is not in a position to make that determination before an adjudication on the merits of the turnover proceeding, and cannot do so on this motion for summary judgment. Accordingly, in the exercise of its discretion to manage its cases, and in the best interests of the estate, the court holds the removal proceeding in abeyance pending the outcome of the turnover proceeding. This decision, together with the transcript of the October 28, 2022 proceedings, constitutes the order of the court. Dated: March 14, 2023

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