ESTATE CAROL TISI, Deceased

ESTATE CAROL TISI, Deceased (349/11) — In this compulsory accounting proceeding the co-executors move to extend the time to file their accounting and the petitioner, a daughter of the decedent, opposes the application only to the extent that she seeks an order disqualifying the attorney from representing the fiduciaries based upon his prior representation of her. On the initial return date of the motion the parties were advised that the opposition would be deemed a cross motion to disqualify counsel and the fiduciaries were afforded an opportunity to reply. On the last adjourned date, the parties conceded on the record in open court that the attorney sought to be disqualified did represent the petitioner herein. Based upon this state of the record, it is clear that the attorney is disqualified based upon his prior representation of the petitioner (see Tekni-Plex, Inc. v. Meyner & Landis, 89 NY2d 123 [1996]; Greene v. Greene, 47 NY2d 447 [1979]). Accordingly, the cross motion is granted and the matter is stayed for a period of thirty days from the date of this decree and order to allow the fiduciaries to retain new counsel (CPLR 325), and the fiduciaries' motion to extend their time is granted for the same 30-day period. The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to all counsel as well as the fiduciaries.

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ESTATE CAROL TISI, Deceased (349/11) — In this compulsory accounting proceeding the co-executors move to extend the time to file their accounting and the petitioner, a daughter of the decedent, opposes the application only to the extent that she seeks an order disqualifying the attorney from representing the fiduciaries based upon his prior representation of her. On the initial return date of the motion the parties were advised that the opposition would be deemed a cross motion to disqualify counsel and the fiduciaries were afforded an opportunity to reply. On the last adjourned date, the parties conceded on the record in open court that the attorney sought to be disqualified did represent the petitioner herein. Based upon this state of the record, it is clear that the attorney is disqualified based upon his prior representation of the petitioner (see Tekni-Plex, Inc. v. Meyner & Landis, 89 NY2d 123 [1996]; Greene v. Greene, 47 NY2d 447 [1979]). Accordingly, the cross motion is granted and the matter is stayed for a period of thirty days from the date of this decree and order to allow the fiduciaries to retain new counsel (CPLR 325), and the fiduciaries’ motion to extend their time is granted for the same 30-day period. The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to all counsel as well as the fiduciaries.

ESTATE CAROL TISI, Deceased

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