Young-Szlapak v. Young

• Decision Date: 09 June 2017
• Citation: 57 N.Y.S.3d 579,151 A.D.3d 1646
• Parties: Patricia YOUNG–SZLAPAK, as Trustee of the Trust Created Under the Last Will and Testament of Millard Young, Deceased, Plaintiff–Appellant, v. Mark YOUNG, as Executor of the Estate of Millard Young, Deceased, Hunts Corners Development, LLC, Christine Papke and Laura Young, Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

151 A.D.3d 1646
57 N.Y.S.3d 579

Patricia YOUNG–SZLAPAK, as Trustee of the Trust Created Under the Last Will and Testament of Millard Young, Deceased, Plaintiff–Appellant,
v.
Mark YOUNG, as Executor of the Estate of Millard Young, Deceased, Hunts Corners Development, LLC, Christine Papke and Laura Young, Defendants–Respondents.

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

June 9, 2017.

57 N.Y.S.3d 580

Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., Buffalo (Michael F. Barrett of Counsel), for Plaintiff–Appellant.

The Knoer Group, PLLC, Buffalo (Robert Edward Knoer of Counsel), for Defendants–Respondents.

PRESENT: CENTRA, J.P., LINDLEY, DeJOSEPH, NEMOYER, AND SCUDDER, JJ.

MEMORANDUM:

Plaintiff commenced this action in 2015 pursuant to article 15 of the RPAPL, alleging that the trust created under decedent's will became the owner of the entire 57–acre parcel located on McNeeley Road in the Town of Newstead, New York immediately upon decedent's death in June 2009, rather than merely two discrete improved properties located thereon. Without issuing a written decision, Supreme Court granted defendants' motion for summary judgment dismissing the complaint on the ground of res judicata, and denied plaintiff's cross motion for summary judgment. We affirm.

The record establishes that in 2013 a petition for the judicial settlement of decedent's

57 N.Y.S.3d 581

estate was filed in Surrogate's Court, and the executor's accounting reflected that the two discrete improved properties would be distributed to the trust, while the remainder of the parcel would be transferred to defendants Christine Papke and Laura Young. Plaintiff filed objections to the executor's accounting, but the issue raised therein was resolved by the parties. Plaintiff thereafter moved for time in which to file further objections to the executor's accounting, but the Surrogate denied that request and issued a final decree that, inter alia, approved the...