Surrogate Nora Anderson
Alleged creditor Ortansa Michaelesco moved on her own and her husband, Daniel's, behalf in an accounting proceeding by estate executors, for leave to file late objections to the accounting and for summary judgment on those objections. Executors previously sought a determination of the validity of Daniel's claim for construction and design services rendered to decedent and the estate. The executors rejected the claim finding all invoices submitted by Daniel were paid in full. While the validity issue was pending, Ortansa commenced a successive lawsuit against the executors on her own and Daniel's behalf, as his attorney-in-fact, relating to the same alleged services at issue in the executors' accounting action. The claims were dismissed as the court ruled Ortansa could not appear pro se as Daniel's attorney-in-fact. The court denied Ortansa's motion for leave to file late objections noting, as the court held in 2007, she could not appear pro se as Daniel's attorney-in-fact, and litigate his claims. Also, it noted after multiple extensions of time to file objections, Daniel failed to do so and was held in default. The court stated neither Daniel, nor Ortansa presented a reasonable excuse for such failure, or showed the proposed objections were meritorious.
