Justice James Pagones
Decedent Healy’s distributee, Daniel, moved to sanction administratrix Barrack, and her attorneys, for a frivolous commencement of a turnover proceeding against Daniel and Patricia Healy. He also sought sanctions for Barrack’s alleged inaction and dereliction of duties in handling the administration of the estate. The court disagreed with Daniel, finding Barrack’s commencement and continuation of a turnover proceeding was not frivolous as a fiduciary had an obligation to collect and marshal assets of the estate. Barrack commenced the turnover action based on her possession of an original deposit ticket, among other things, allegedly showing a loan for over $30,000 to Daniel and Patricia. The court noted while movant asserted the alleged expiration of the statute of limitations, the court could not find, on the facts presented, that the proceeding was without merit in law or fact to warrant imposition of sanctions. The court found nothing establishing Barrack engaged in any dereliction of duties, or attempted to delay or prolong resolution of the estate, to warrant imposition of sanctions. It denied sanctions under 22 NYCRR 130-1.1, or an award of legal fees in its entirety.
