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New York County, Surrogate's Court: April 7, 2023

Decision & Order and Order & Decrees decided between:April 3 - 5, 2023

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Decision & Order decided on: April 4 & 5, 2023 Surrogate Gingold

ESTATE OF JOHN SUGG, III, Deceased (16-3704/A) — In this discovery proceeding respondent filed a pre-answer motion to dismiss petitioner’s SCPA 2103 turnover proceeding in which petitioner seeks the return of all property of the estate in respondent’s possession, the vacating of a co-op, and enjoining respondent from furthering interfering with the administration of the estate, including further misappropriation of property and from selling or transferring estate property. Petitioner was the decedent’s spouse at his death and is his sole distributee. Respondent is alleged to have been decedent’s long-time friend. Petitioner was appointed the administrator of decedent’s intestate estate by this court on October 28, 2016. On October 30, 2017, petitioner filed her verified petition for turnover of estate property alleging that respondent was illegally living in a co-op owned by the estate and herself and refused to turn it over; that respondent has possession of assets, including artwork, belonging to the estate and herself and has refused to turn it over; and that respondent has refused to turn over the assets of Saint at Large, Inc. and its assets, all of which are alleged to be assets of the estate. For purposes of his motion to dismiss, respondent is treating the allegations in the petition as true but has reserved his right to challenge the allegations if the matter is adjudicated.

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