Decision and Orders signed: May 23, 2024
Surrogate Mella ESTATE OF LOUIS HAUGH, Deceased (22-1644/A) — At a conference after the call of the April 9, 2024 Miscellaneous Calendar, the court provided directions to the parties in this proceeding commenced by co-Executor Robert J. Creamer to remove Daniel Haugh as co-Executor. The court’s directions are memorialized in this decision. First, the court directed each party to consider consenting to the appointment of a third fiduciary who would act as tiebreaker when the co-Executors disagree. Second, the court directed each of the parties (that is, the co-Executors, Amanda Beatty, and Meredith Keating), to provide information to all other parties concerning any and all loans about which they have information or knowledge made by decedent Louis Haugh to anyone, including each of them. Although the court did not provide a deadline for such disclosure during the conference, it provides one now: all information must be disclosed by email addressed to all other parties, no later than May 31, 2024. Third, the court directed the parties to appear for a follow-up conference. This conference will be held on Monday, June 10, 2024, at 1:30 pm, via Microsoft Teams. Finally, the court notes that, at the April 9, 2024 conference, the parties agreed as follows: Co-Executor Robert Creamer will deliver to Meredith Keating her baptismal papers. Co-Executor Robert Creamer will deliver decedent’s discharge papers from the Navy to decedent’s grandson Jack Keating, if he wishes to have them. Decedent’s Picasso print, currently in the possession of Grant Herrmann Schwartz & Klinger LLP, will be delivered to Cameron Haugh who currently resides in South Africa. This decision, together with a transcript of the April 9, 2024 proceedings, constitutes the order of the court. Clerk to notify. Dated: May 23, 2024 ESTATE OF JULES ROBBINS, Deceased (23-157) — In this contested probate proceeding, at the call of the calendar on April 5, 2024, the court, in its discretion and after hearing from the parties, denied the motion filed by Objectant Skyler Dylan-Robbins, for leave to reargue the application for the appointment of proponents David Robbins and Linda Robbins Prosenickov, as Preliminary Executors. That application had been granted by Decision and Order of this court, dated December 4, 2023, directing the issuance of Preliminary Letters Testamentary to Proponents. Leave to reargue was denied because movant failed to establish that the court overlooked or misapprehended any matters of fact or law in rendering its December 4, 2023 decision {see CPLR 2221[d][2]). This decision, together with the transcript of the April 5, 2024 proceedings, constitutes the order of the court. Clerk to notify. Dated: May 23, 2024 ESTATE OF STEWART JEFFREY BLAY, a/k/a STEWART BLAY, Deceased (23-410/B) — In this proceeding initiated by Josephine Wang, as Preliminary Executor of the estate of Steward Blay, Petitioner has withdrawn her petition and discontinued the proceeding by a notice of discontinuance served on the appearing parties and filed with the court on January 26, 2024 (CPLR §3217[a][1]). Proceed accordingly. Dated: May 23, 2024 ESTATE OF JANE D’AGOSTINO, Deceased (23-488) — At the call of the calendar on February 2, 2024, the court granted this unopposed CPLR 321(b)(2) motion of Falcon, Rappaport & Berkman, LLP, brought by order to show cause, to withdraw as counsel to Peter Vincent D’Agostino who has demanded SCPA 1404 discovery regarding the probate of an instrument dated October 29, 2022, as the will of decedent Jane D’Agostino. D’Agostino did appear before the court and argued against the motion and objected to his counsel’s withdrawal, but he provided no facts warranting denial of the motion (see Robinson v. Friedman Mgt. Corp., 49 AD3d 436 [1st Dept 2008]; Applebaum v. Einstein, 163 AD3d 905 [2d Dept 2018]). The court advised Mr. D’Agostino that this probate matter would be stayed until March 5, 2024, and that if no notice of appearance was filed with the court and served on Petitioners’ counsel by a new lawyer for him by March 5, 2024, he would be considered a self-represented party (also known as pro se). To date, no notice of appearance has been filed on Mr. D’Agostino’s behalf and so he is deemed to be representing himself. The court will issue an order with deadlines for discovery and for the filing of objections, if any. This decision together with the transcript of the February 2, 2024 proceedings constitutes the order of the court. Clerk to notify by mail. Dated: May 23, 2024
