Decision & Orders signed: November 15, 2023 Surrogate Mella
ESTATE OF CARLOS CASANAS, Deceased (18-1486/D) — At the call of the November 14, 2023 calendar, Petitioner in this SCPA 2103 Discovery proceeding appeared in person and by his counsel. Respondent Stephen H. Finkelstein appeared in person and consented to his examination. Respondent Richard Casanas did not appear in person but conveyed through Stephen H. Finkelstein, who is his counsel, his request because of health reasons to be relieved from the Order to Attend to the extent that it directed him to appear for an examination. On the record, and without objection, the court granted the petition to the extent of directing Respondent Stephen H. Finkelstein to appear — either in person or by virtual means — for an examination under oath no later than November 30, 2023. Additionally, the court directed Respondent Finkelstein to deliver to Petitioner’s counsel on the date of his examination copies of documents listed under Paragraph 1 of the Wherefore clause of the Petition, dated December 14, 2022, if in his possession. The court will determine the application of Respondent Richard Casanas to be relieved from the Order to Attend upon receipt of affirmations of two doctors, unaffiliated with each other, each affirmation explaining whether Richard Casanas is able to appear by virtual means for such examination from his hospital room and whether Richard Casanas’s participation in the examination as just described would be detrimental to his health. These affirmations must be served and filed no later than December 7, 2023. Petitioner’s counsel may serve and file an affirmation responding to the doctors’ opinions no later than December 22, 2023. This decision, together with a transcript of the November 14, 2023 proceedings, constitutes the Order of the court. Dated: November 15, 2023
