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ESTATE OF ANTHONY CASCARDO, a/k/a ANTHONY J. CASCARDO Deceased

ESTATE OF ANTHONY CASCARDO, a/k/a ANTHONY J. CASCARDO Deceased (349/G/08) — In this pending probate proceeding now scheduled for a jury trial, attorneys for the Objectant, Debra Cascardo, seek an Order precluding two witnesses, Michael J. Stacchini, Esq., and Lisa D. Ravdin, Ph.D., from testifying pursuant to CPLR §3126 which imposes penalties for refusal to comply with an Order. Furthermore, they seek the reimbursement of fees related to the adjournment of this trial which was to take place in November 2012. Attorneys for the Petitioner and Preliminary Executor, Russell Cascardo, object to the relief sought by the Objectant.

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ESTATE OF ANTHONY CASCARDO, a/k/a ANTHONY J. CASCARDO Deceased (349/G/08) — In this pending probate proceeding now scheduled for a jury trial, attorneys for the Objectant, Debra Cascardo, seek an Order precluding two witnesses, Michael J. Stacchini, Esq., and Lisa D. Ravdin, Ph.D., from testifying pursuant to CPLR §3126 which imposes penalties for refusal to comply with an Order. Furthermore, they seek the reimbursement of fees related to the adjournment of this trial which was to take place in November 2012. Attorneys for the Petitioner and Preliminary Executor, Russell Cascardo, object to the relief sought by the Objectant.

The first of Objectant’s arguments focuses on the untimeliness and “willful refusal of the Petitioner” to provide a full disclosure of witnesses by December 20, 2011 as per this Court’s Order. The Objectant argues that the disclosure of Mr. Stacchini and Dr. Ravdin as witnesses just one week before the scheduled trial was to begin in November 2012, prejudices her preparation for the trial and should be construed as contumacious. The Court disagrees with that view point and finds that Petitioner did have a difficult time securing witnesses and more importantly, that the Objectant has not suffered any harm because the trial has now been adjourned to May 6, 2013, which allows her plenty of time to adequately prepare for examination of these witnesses.

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