In re the Estate of Defelice-Levine

Appellate Division of the Supreme Court of New York

In re the Estate of Defelice-Levine

295 A.D.2d 512, 744 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 6444

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 2002

StatusPublished

Cited by1 cases

This text of 295 A.D.2d 512 (In re the Estate of Defelice-Levine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Estate of Defelice-Levine, 295 A.D.2d 512, 744 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 6444 (N.Y. Ct. App. 2002).

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Opinion

—In a proceeding pursuant to SCPA 2103, inter alia, to obtain information about SIQP, Inc., and discover property withheld from the decedent’s estate, Harold Levine appeals from an order of the Surrogate’s Court, Richmond County (Sangiorgio, S.), dated June 6, 2001, which granted the petitioner’s motion pursuant to CPLR 6401 to appoint a temporary receiver for SIQP, Inc.

Ordered that the order is affirmed, with costs.

The Surrogate’s Court properly granted the petitioner’s motion for the appointment of a temporary receiver for SIQP, Inc. The petitioner made a clear evidentiary showing of the necessity of conserving the property at issue and protecting her interests (see CPLR 6401 [a]; Chaline Estates v Furcraft Assoc., 278 AD2d 141; Friedman v Ragin, 228 AD2d 642; Butler v Gibbons, 225 AD2d 335; Wong v Wong, 161 AD2d 710). Florio, J.P., Smith, Friedmann and H. Miller, JJ., concur.

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—In a proceeding pursuant to SCPA 2103, inter alia, to obtain information about SIQP, Inc., and discover property withheld from the decedent’s estate, Harold Levine appeals from an order of the Surrogate’s Court, Richmond County (Sangiorgio, S.), dated June 6, 2001, which granted the petitioner’s motion pursuant to CPLR 6401 to appoint a temporary receiver for SIQP, Inc.

Ordered that the order is affirmed, with costs.

The Surrogate’s Court properly granted the petitioner’s motion for the appointment of a temporary receiver for SIQP, Inc. The petitioner made a clear evidentiary showing of the necessity of conserving the property at issue and protecting her interests (see CPLR 6401 [a]; Chaline Estates v Furcraft Assoc., 278 AD2d 141; Friedman v Ragin, 228 AD2d 642; Butler v Gibbons, 225 AD2d 335; Wong v Wong, 161 AD2d 710). Florio, J.P., Smith, Friedmann and H. Miller, JJ., concur.

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295 A.D.2d 512, 744 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 6444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-defelice-levine-nyappdiv-2002.

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