In this uncontested turnover proceeding, Robert Stockel (hereinafter, “petitioner”), as administrator of the estate of Adam Stockel North (hereinafter, “decedent”), deceased, seeks an order pursuant to SCPA 2103 (i) stating Adam Stockel North, deceased, was the owner of all accounts associated with the Apple ID [email protected]; (ii) stating Petitioner Robert Stockel, as administrator of the estate of Adam Stockel North, deceased, is the agent of decedent, and his authorization constitutes “lawful consent” as those terms are used in the Electronic Communications Privacy Act; (iii) ordering Apple, Inc. assist the administrator in the recovery of decedent’s personal data from his accounts, which may contain third party personally identifiable information or data; and (iv) such other and further relief as the court may deem just, proper and equitable under the circumstances. Petitioner states in the petition that he wishes to access decedent’s personal information, held under her Apple user ID, including business and business records, manuscripts, and screenplays. Petitioner states that access to these items is necessary for the proper administration of the estate. Respondent Apple, Inc. (hereinafter, “Apple”) has not filed a responsive pleading and did not appear on the September 13, 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 as [email protected] and he was the account owner associated with that Apple ID; 2) Petitioner Robert Stockel is the administrator and thus the fiduciary of decedent’s estate; 3) As administrator, petitioner seeks the content of electronic communication and is an “agent” of decedent’s estate, whose authorization may constitute “lawful consent” on behalf of the decedent to the extent allowed by Article 13-A of the EPTL and by the Stored Communications Act (as part of the Electronic Communications Privacy Act, 18 USC 2701 et seq.) (see Estate of Love, NYLJ, Oct. 21, 2024 at 17, col. 2 [Sur Ct, NY County]; Matter of Coleman, 63 Misc 3d 609, 96 N.Y.S.3d 515 [Sur Ct, Westchester County 2019]); and 4) Petitioner has requested an order directing Apple to assist in the recovery of decedent’s stored personal data, including but not limited to written records, Venmo transactions, credit card records, and email correspondence, which may contain third-party personally identifiable information or data, from decedent’s account. 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 credit card records, manuscripts, and screenplays (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 is directed to email a copy of this order to counsel as listed below. Dated: December 9, 2024
