Casey and I are deeply saddened by the death of our beloved Christina. Indeed, stays of proceedings, albeit in the turnover and SNT proceedings, had been in effect intermittently since February 16, 2016, leading to the prospect of understandable confusion as to the status of these matters. branches of her motion which were for summary judgment granting those objections 129-33; In 2015, the Surrogate's Court, Nassau County (Edward W. McCarty III, S.), issued two orders which are the subject of related appeals decided herewith (Matter of Cassini, 180 AD3d However, the parties here do not argue that Kelly's unhampered ability to continue to represent Marianne precludes the application of CPLR 321 (c) as the result of Reppert's personal circumstances. All rights reserved. - Subscribe to our YouTube Channel for more videos: youtube.com/wblsfm1075 For the latest New York news, R&B and Entertainment like us on Facebook facebook.com/wbls1075nyc Follow us on Twitter: twitter.com/wbls1075nyc, Bobby Brown Opens Up About Daughter's Death in Special '20/20' Interview. The court surcharged Marianne more than $20 million in principal together with nine percent annual interest, compounded. Christina petitioned pursuant to SCPA 1809 to determine the validity of her claim against the estate (see Matter of Cassini, 95 AD3d at 1312). (hereinafter Sills Cummis). By order dated the following day, March 3, 2016, the Surrogate's Court granted Sills Cummis's withdrawal motion in the accounting proceeding. Brown had scars on her neck, upper lip, upper chest, left shoulder and arms. Commencing in early 2010, Marianne was represented in the estate litigation by J. Vincent Reppert of Reppert Kelly, LLC (hereinafter RK), and Charles H. Kaplan of Sills Cummis & Gross P.C. popular First Lady a style icon for American women, and worked with one What Happened To Ron Desantis' Sister? After 5 Years, The Cause Of . marriage to Gene Tierney, Daria Cassini (hereinafter Daria) and the objectant Christina The defendant then proceeded pro se, which she had the right to do (see id. and Sills Cummis & Gross P.C., New York, N.Y. (Charles H. Kaplan and Brian P. "Oleg Cassini" hosiery, handbags, and even bed Marianne was nominated as trustee of Daria's trust. Meanwhile, by two orders dated February 16, 2016, the Surrogate's Court granted RK's withdrawal motions in the turnover proceeding and in the SNT proceeding, respectively. , March 28, 2006, pp. In an affirmation executed December 9, 2015, bearing a caption indicating that it pertained to the accounting proceeding, Reppert asserted that he was a member of RK, attorneys for Marianne "in connection with this action," and that he submitted the affirmation in support of counsel's application for leave to withdraw as counsel for Marianne. Nestor has been at war with Christina, Oleg's daughter from his second marriage, since Christina challenged her father's last will in 2007 and won 25 percent of his fortune. However, despite knowing that Marianne's counsel was seeking to be relieved and seeking to have a stay imposed pending service of a notice to appoint successor{**182 AD3d at 21} counsel, the objectants cross-moved to appoint a receiver. Where counsel is permitted to withdraw, pursuant to CPLR 321 (b) (2), over the client's objection, the 30-day stay of proceedings generally attaches since the court has effectively "removed" counsel for the purpose of CPLR 321 (c) (Albert v Albert, 309 AD2d 884, 886 [2003]; see Matter of Wiley v Musabyemariya, 118 AD3d 898, 899-900 [2014]; Sarlo-Pinzur v Pinzur, 59 AD3d 607 [2009]). Although the court retains "inherent discretionary power to relieve a party from a judgment or order for sufficient reason and in the interest of substantial justice" (Galasso, Langione & Botter, LLP v Liotti, 81 AD3d 884, 885 [2011]; see Ladd v Stevenson, 112 NY332 325, 332 [1889]; Katz v Marra, 74 AD3d 888, 890 [2010]), "[a] court's inherent power to exercise control over its judgments is not plenary, and should be resorted to only to relieve a party from{**182 AD3d at 56} judgments taken through [fraud,] mistake, inadvertence, surprise or excusable neglect" (Matter of McKenna v County of Nassau, Off. Months before Tierney and Cassini divorced in 1948, they reconciled briefly and another daughter Christina was born. It mandated Oleg Cassini leave not less than one-half of his net estate to his daughters. Kelly, in an affirmation submitted in connection with a later motion, asserted that on or about January 29, 2016, Kelly{**182 AD3d at 23} called Shifrin to inquire about the status of the withdrawal motions. then shifts to the nonmoving party to "'establish the existence of material issues denied her motion for summary judgment granting certain objections to the account of the Russian surname and settled in Florence, where Cassini's unsupported claims were insufficient to raise an issue of fact as to whether she has a The decedent's will established a trust for the benefit of Daria (hereinafter the trust), Marianne stated that Keller did not provide her with any information concerning the status of the motion for leave to withdraw or when the cross motion would be rescheduled. Bobbi Kristina's Death: 5 Fast Facts You Need to Know In her affidavit submitted in support of that motion, Marianne claimed that there was never a briefing schedule set on that cross motion, and that she was never given an opportunity to submit an opposition to that cross motion. The disability, whatever its nature, must be such that effectually prevents the attorney from continuing the representation of the client (see Hendry v Hilton, 283 App Div at 171; see also Winney v County of Saratoga, 252 AD2d at 883). It was here that the future designer received {**182 AD3d at 41}. There also may be no available record that documents the nature and extent of the disability or establishes when the disability arose. He asserted that he was "physically unable to provide the representation that is necessary to properly represent [his client]," Marianne.
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