Eugene v. Eugene, 6274N

CourtNew York Supreme Court Appellate Division
Citation160 A.D.3d 506,75 N.Y.S.3d 8
Docket Number6274N,File No. 93C/10
Parties Accounting by Dominick EUGENE, as the Executor of the Estate of Marco Eugene, Deceased. Denise Schumacher, et al., Potential Objectants–Respondents, v. Dominick Eugene, as the Executor of the Estate of Marco Eugene, Respondent–Appellant.
Decision Date12 April 2018

160 A.D.3d 506
75 N.Y.S.3d 8

Accounting by Dominick EUGENE, as the Executor of the Estate of Marco Eugene, Deceased.

Denise Schumacher, et al., Potential Objectants–Respondents,
v.
Dominick Eugene, as the Executor of the Estate of Marco Eugene, Respondent–Appellant.

6274N
File No. 93C/10

Supreme Court, Appellate Division, First Department, New York.

ENTERED: APRIL 12, 2018


D'Ambrosio & D'Ambrosio, P.C., Irvington (James J. D'Ambrosio of counsel), for appellant.

Cormac McEnery, City Island (Cormac McEnery of counsel), for respondents.

Sweeny, J.P., Richter, Andrias, Webber, Moulton, JJ.

Order, Surrogate's Court, Bronx County (Nelida Malave–Gonzalez, S.), entered March 17, 2017, which, inter alia, granted potential objectants' motion to appoint a temporary receiver, unanimously affirmed, without costs.

75 N.Y.S.3d 9

The court did not improvidently exercise its discretion in granting the motion where potential objectants demonstrated by clear and convincing evidence that continued control by respondent executor would result in irreparable harm to their interests (see Matter of Sakow, 280 A.D.2d 378, 721 N.Y.S.2d 34 [1st Dept. 2001], affd 97 N.Y.2d 436, 741 N.Y.S.2d 175, 767 N.E.2d 666 [2002] ; CPLR 6401 ). The potential objectants submitted evidence showing, among other things, that the executor commingled funds, delayed the proceedings, failed to comply with the stipulation requiring sale of the estate properties, engaged in self-dealing, and failed to account for the revenues generated by the estate properties, all of which endangered the properties and potential objectants' interests therein (see Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 474 N.Y.S.2d 756 [1st Dept. 1984] ).

The executor admitted in his affidavit that he used personal funds to pay a portion of the estate's taxes and paid his company for services rendered to the estate, without judicial approval, as required by SCPA 1805(1). He also admitted that invoices were sent to the estate for services allegedly rendered by his wife, and while he denied that she had been paid, it...

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  • People v. Silva, 6273
    • United States
    • New York Supreme Court Appellate Division
    • April 12, 2018
    ...160 A.D.3d 50671 N.Y.S.3d 874 (Mem)The PEOPLE of the State of New York, Respondent,v.Michael SILVA, Defendant–Appellant.6273Ind. 4946/15Supreme Court, Appellate Division, First Department, New York.ENTERED: APRIL 12, 2018Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano ......
1 cases
  • People v. Silva, 6273
    • United States
    • New York Supreme Court Appellate Division
    • April 12, 2018
    ...160 A.D.3d 50671 N.Y.S.3d 874 (Mem)The PEOPLE of the State of New York, Respondent,v.Michael SILVA, Defendant–Appellant.6273Ind. 4946/15Supreme Court, Appellate Division, First Department, New York.ENTERED: APRIL 12, 2018Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano ......

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