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New York County, Surrogate's Court: August 2, 2024

Decision and Orders signed:July 25, 2024

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ESTATE OF RICHARD H. POLLAK, a/k/a RICHARD HERBERT POLLAK, RICHARD POLLAK, Deceased (19-875/F) — In this discovery petition in the estate of Richard H. Pollak, the court issued a decision and order on February 22, 2024 (hereinafter, the “decision”) stating that the proceeding would be dismissed for failure to prosecute unless a party took affirmative action within 90 days of receipt of a copy of the decision. The Clerk of the Court sent a copy of the decision to the parties’ counsel of record by certified mail. A proposed citation was filed on March 7, 2024. An amended petition was filed on May 22, 2024. The petition, as amended, was still deficient. Petitioner’s counsel was notified at a conference on June 4, 2024 that her amended petition failed to cure the deficiencies previously identified. Once again, petitioner has failed to correct the deficient petition despite multiple requests. As of today, the petition is deficient and jurisdiction remains incomplete. Accordingly, since more than 90 days have passed, the petition is dismissed, without prejudice, for failure to prosecute (SCPA 209[8]; CPLR 3216). The Clerk of the Court is directed to email a copy of this decision, which constitutes the order of the court, to the petitioner’s counsel of record. Dated: July 25, 2024

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