In this uncontested turnover proceeding, Terence. M. Healy (hereinafter, “petitioner”), as administrator of the estate of Caroline V. Beaupere (hereinafter, “decedent”), deceased, seeks an order pursuant to SCPA 2103 directing Apple, Inc. (hereinafter, “Apple”) (i) to recover decedent’s personal data from decedent’s Apple accounts and to provide such data to petitioner; (ii) to permit access to petitioner to any data contained within decedent’s Apple ID, including decedent’s Apple account; and (iii) to obtain and to release the personal data and records of decedent’s Apple accounts to petitioner for his unfettered access and use. Petitioner states in the petition that he wishes to access decedent’s personal information, held under her Apple user ID, which is stored on her iPhone and MacBook, including business records, design work, photographs, writings and saved files. Petitioner states that access to these items is of substantial sentimental value to him. Apple has not filed a responsive pleading and did not appear on the July 24, 2024 return date of the citation of this proceeding. The uncontroverted petition is proof of the facts alleged in it (SCPA 509). Accordingly, the court finds that (1) decedent’s Apple user ID is correctly identified in the petition and that she was the account owner associated with that Apple ID; and (2) petitioner is the fiduciary of decedent’s estate. Based on these findings, the court directs Apple to assist in the recovery of decedent’s personal digital data, which may include third-party personally identifiable information/data from decedent’s account (EPTL 13-A-3.2[d][4][A]; Matter of Moran, 2023 NY Slip Op 32004(U) [Sur Ct, NY County 2023]; Matter of Gonzalez, NYLJ, Apr. 12, 2023, at 7, col 1 [Sur Ct, NY County]). In particular, Apple is directed to provide to petitioner (1) access to digital assets other than the content of electronic communications, including but not limited to, photographs, notes, and music (see Matter of Swezey, NYLJ, Jan. 17, 2019, at 23, col 3 [Sur Ct, NY County]; EPTL 13-A-3.2); and (2) a catalogue of electronic communications sent or received by decedent’s user ID (EPTL 13-A-1[d]; 13-A-3.2). This decision constitutes the order of the court. The Clerk of the Court shall email a copy of this Order to petitioner’s attorney, whose name and address appears at the foot of this order. Dated: August 14th, 2024
