Decision & Orders signed: September 18-20, 2023 Surrogate Gingold
ESTATE OF CARMELA ARAGONA, a/k/a CARMELA VANCEK, CARMELA BRUNO, Deceased (14-1690/B) — As set forth in the court’s orders dated June 13, 2023 and September 18, 2023, this proceeding to judicially settle the account of petitioner Bruno Rinaldi, as executor of the estate of Carmela Vancek, remains stayed due to the death more than two years ago of decedent’s son, a residuary beneficiary, Peter Vancek, Jr. (Peter) (CPLR 1015 [a]; 1021) and also because the attorney who appeared for petitioner was suspended from practicing law (CPLR 321[c]). Sabrina E. Morressey, Esq., who represented Peter, now deceased, has sent emails, at times ex parte, to the undersigned and to Chambers’ staff, in contravention of the undersigned’s Part Rules. Accordingly, Ms. Morrissey is directed not to communicate, by telephone, email or letter, with the undersigned or with Chambers, whether ex parte or otherwise. In addition, Ms. Morressey has stated in her unauthorized emails that she electronically filed a motion in this proceeding via NYSCEF. Apart from the fact that the proceeding is currently stayed, there is another issue that the court is compelled to address. Her client having died, Ms. Morrissey no longer represents any party to this proceeding and, therefore, has no authority to file a motion. Further, motions filed in the Miscellaneous Department of this court cannot be electronically filed. As this court’s e-filing protocol makes clear: “Motions are NOT permitted to be e-filed. All motions and papers in support of or opposition to those motions, regardless of the type of proceeding in which a motion is made, must be filed in person or mailed to the court.” Thus, even if the proceeding was not stayed, the motion would be a nullity. Further, in its June 13, 2023 and September 18, 2023 orders, the Court did not direct, or even suggest, that a motion be filed in this proceeding during the pendency of the stay. The stay remains in effect. The Clerk of the Court is directed to email a copy of this decision, which constitutes the order of the court, to the attorneys, including Ms. Morressey, and to the self-represented petitioner, listed at the foot herein. Dated: September 20, 2023
