Surrogate Nelida Malave-Gonzalez
In a contested accounting action, objectant, decedent's daughter, moved to compel production of certain documents. Decedent's son, the suspended executor, moved for a protective order regarding his deposition. The court noted while the suspended executor stated he provided an affidavit after conducting the requisite search for requested documents and disclosure, it did not appear his affidavit contained the required details. The court stated the suspended executor did not provide any documents relating to a Consolidated Edison stock transaction in which he transferred shares to himself, and allegedly gave decedent's spouse the cash value, ruling objectant was entitled to the documents. Further, the court stated while the suspended executor submitted evidence to support severely limiting his deposition because of medical reasons, it was undisputed he continued to work, and appeared for questioning for other depositions lasting more than one hour without incident. Yet, the court granted the suspended executor's motion to the extent that he shall appear for one-hour depositions for up to six days, and any further continued deposition would be by court order only.
