Decision and Orders signed: July 18, 2024 Surrogate Mella
ESTATE OF LYDIA SANDLER, Deceased (19-2734/F) — At the call of the calendar on June 21, 2024, the court held in abeyance, pursuant to CPLR 3212(f), the summary judgment motion of Petitioner Lynne Boyarsky (Boyarsky) in this proceeding, which seeks, among other things, a determination that the purported revocation of the Lydia Sandler Grantor Trust (Trust) is invalid. The court determined that, in her opposition papers to the motion, Respondent Rochelle Klein (Klein) established that she did not have access to information and discovery that could provide a basis for her to oppose the motion. The court rejected Boyarsky’s contention that the discovery the parties had exchanged in the context of other proceedings, including the pending proceeding to probate the will of the Grantor of the Trust, was a substitute for the discovery that is relevant to the issues presented in this proceeding, which concerns whether Grantor revoked the Trust. Under these circumstances, the court adjourned the motion to the court’s December 10, 2024 Miscellaneous Calendar to allow discovery to be completed (see CPLR 3212[f]). The court directed that all discovery demands, including notices of deposition and subpoenas, be served by July 24, 2024, with all discovery to be completed by October 22, 2024. The court further directed that: 1) Boyarsky file and serve further submissions in support of her motion for summary judgment no later than November 6, 2024, and that such submissions may only relate to the additional discovery obtained; 2) Klein file and serve further submissions in opposition to the motion no later than November 26, 2024; and 3) to the extent that the arguments raised in Klein’s supplemental opposition papers require a response, Boyarsky file and serve a reply, no longer than five pages in length, by December 3, 2024. This decision, together with a transcript of the June 21, 2024 proceedings, constitutes the order of the court. The Clerk of the Court is directed to email a copy of this Decision and Order to counsel of record and the parties whose names and respective email addresses appear below. Dated: July 18, 2024
