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U.S. v. Risk

Defendant May Be Alternatively Served by Email, First-Class Mail to Property at Issue

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MEMORANDUM ORDER Plaintiff, United States of America, commenced this action pursuant to 26 U.S.C. §§7401 and 7403 and N.Y. Debt. and Cred. Law §§273, 275, and 276 against David Risk (individually and in his capacity as Trustee of The David Risk 2023 Revocable Trust), Ron Holland Advertising, Inc., HSBC Bank USA (as successor by merger of The Manhattan Savings Bank), Sustainable Neighborhoods LLC, Clerk of the New York Suffolk County Traffic and Parking Violations Agency, the Suffolk County Water Authority, Suffolk County, and the Town of Brookhaven (collectively “Defendants”) in order to enforce a lien to subject a property to tax payments. Currently before the Court is Plaintiff’s letter motion to serve Defendant Risk with the Summons and Complaint using alternative means, specifically, to serve Risk by email and by first-class mail to the address of the property at issue in this case. (ECF No. 8). For the reasons set forth herein, the motion is granted. BACKGROUND In this action, Plaintiff ultimately seeks to “set aside fraudulent transfers of certain parcels of real property”.1 (ECF No. 1 at 1.) Of relevance here, David Risk is a Trustee of the David Risk 2023 Revocable Trust and has or may claim an interest in the real property of which the United States seeks to aside fraudulent conveyances. (Id. at 2.) In 2007, Ronald Holland purported to convey title of the Property to both Holland and Risk as joint tenants with right of survivorship. (Id. 15.) Seven years later, both Holland and Risk appeared to convey the Property to Risk with a life estate reserved for Holland. (Id. 16.) However, once Holland died, the life estate also ceased and all property was to go to Risk. (Id. 17.) At the time of the purported transfer of record title, Holland accrued late payment penalties on the Property as well as federal income tax and accuracy liabilities to the Internal Revenue Service for years 1983 to 1984. (Id.

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