In re Rosenblatt

• Decision Date: 14 June 2022
• Docket Number: File No. 2017-2245/B, C
• Citation: 76 Misc.3d 277,173 N.Y.S.3d 179
• Parties: In the MATTER OF the Applications of Lois M. ROSENBLATT, Public Administrator of Queens County, as Temporary Administrator of the Estate of Ammie Oglesby, Deceased, To Vacate Deeds and Turnover Real Property.
• Court: New York Surrogate Court

76 Misc.3d 277
173 N.Y.S.3d 179

In the MATTER OF the Applications of Lois M. ROSENBLATT, Public Administrator of Queens County, as Temporary Administrator of the Estate of Ammie Oglesby, Deceased, To Vacate Deeds and Turnover Real Property.

File No. 2017-2245/B, C

Surrogate's Court, New York, Queens County.

Decided on June 14, 2022

173 N.Y.S.3d 181

Gerard J. Sweeney, Esq., Counsel to the Public Administrator, Queens County

Samantha Sbrocchi, Esq., Attorney for Robert Boyd

Joseph A. Ledwidge, Esq., Attorney for Orian Collins

Rafi Hasbani, Esq., Attorney for Amida Special Opportunty Investments, LLC.

Michael L. Mangini, Esq., Attorney for SHC Equities, LLC.

Peter J. Kelly, S.

76 Misc.3d 279

Petitioner seeks inter alia , the return to the estate of two parcels of real property contending that the instruments purporting to transfer title to the subject premises are void ab initio.

The subject premises were owned by the decedent, Ammie Oglesby, who died on February 15, 2017. Subsequent to her

173 N.Y.S.3d 182

passing, Robert Boyd (Boyd) sought probate of an instrument dated February 27, 2015 purporting to be decedent's last will and testament. The instrument provided for the entirety of the decedent's residuary estate to be distributed to Boyd. As the probate of the instrument was unchallenged, letters testamentary were issued to Boyd on February 2, 2018.

A proceeding was thereafter commenced to vacate the above probate decree on the basis that Boyd had omitted distributees on his petition, and therefore personal jurisdiction had not been obtained over all of the necessary parties in the underlying proceeding ( SCPA § 203 ). By decision dated May 20, 2020 the Court vacated its prior decree of probate, revoked the letters testamentary issued to Boyd, directed an accounting, and appointed the Public Administrator as temporary administrator of the decedent's estate ( SCPA § 209 ).

In the instant turnover proceedings, petitioner alleges that Boyd entered into two fraudulent transfers of decedent's real property. First, on September 27, 2017, prior to his appointment as fiduciary, Boyd "as sole heir of the Estate of Ammie Oglesby," transferred decedent's Cambria Heights property to respondent SHC Equities LLC (SHC), an entity whose sole member is respondent, Anthony Goscott (Goscott). On June 22, 2018, under the auspices of the fraudulent probate decree, Boyd, "as Executor,"

76 Misc.3d 280

transferred decedent's interest in a St. Albans property to respondent MRAG Development, LLC (MRAG), another entity in which Goscott is the sole member. MRAG obtained a $300,000.00 mortgage on the property from respondent, Amida Special Opportunity Investments LLC (Amida).

Petitioner, as temporary administrator, now seeks to nullify and void the aforesaid deeds and mortgage and return the real property to decedent's estate. Respondents SHC, MRAG, Amida, and Goscott move to dismiss the petitions pursuant to CPLR 3211[a][1], [2], [4], or [5]. In the alternative, respondents seek relief pursuant to CPLR 3212, or a transfer of the proceedings to the Supreme Court for consolidation with another action.

Movants initially seek dismissal on subject matter jurisdiction grounds, arguing same is lacking as the Surrogate's Court's limited...