THE APPLICATION OF DONNA T. COMBS, AS MOTHER AND NATURAL GUARDIAN OF R. BURKE HART HAMILTON COMBS, A MINOR CHILD, AND BENEFICIARY OF THE R. BURKE HART HAMILTON COMBS TRUST, RICHARD M. COMBS, GRANTOR, v. TO COMPEL MICHAEL LERNER, NOEL COMBS POPE AND GREG CASADEI, THE TRUSTEES OF SAID TRUST TO ACCOUNT, PURSUANT TO SCPA §2205

IN THE MATTER OF THE APPLICATION OF DONNA T. COMBS, AS MOTHER AND NATURAL GUARDIAN OF R. BURKE HART HAMILTON COMBS, A MINOR CHILD, AND BENEFICIARY OF THE R. BURKE HART HAMILTON COMBS TRUST, RICHARD M. COMBS, GRANTOR, v. TO COMPEL MICHAEL LERNER, NOEL COMBS POPE AND GREG CASADEI, THE TRUSTEES OF SAID TRUST TO ACCOUNT, PURSUANT TO SCPA §2205. (1139/05) — In this proceeding pursuant to SCPA §2206(4), Donna Tarallo ("Tarallo") petitions to have the court take and state the accounts of Noel Combs Pope and Greg Casadei1 as co-trustees of the R. Burke Hart Hamilton Combs Trust ("Trust" or "Combs Trust"), established under an instrument dated September 2, 2002. A related proceeding by Tarallo in 20062 sought their removal as co-trustees and, in their place, her appointment as successor trustee. That request also remains before the court.

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IN THE MATTER OF THE APPLICATION OF DONNA T. COMBS, AS MOTHER AND NATURAL GUARDIAN OF R. BURKE HART HAMILTON COMBS, A MINOR CHILD, AND BENEFICIARY OF THE R. BURKE HART HAMILTON COMBS TRUST, RICHARD M. COMBS, GRANTOR, v. TO COMPEL MICHAEL LERNER, NOEL COMBS POPE AND GREG CASADEI, THE TRUSTEES OF SAID TRUST TO ACCOUNT, PURSUANT TO SCPA §2205. (1139/05) — In this proceeding pursuant to SCPA §2206(4), Donna Tarallo (“Tarallo”) petitions to have the court take and state the accounts of Noel Combs Pope and Greg Casadei¹ as co-trustees of the R. Burke Hart Hamilton Combs Trust (“Trust” or “Combs Trust”), established under an instrument dated September 2, 2002. A related proceeding by Tarallo in 2006² sought their removal as co-trustees and, in their place, her appointment as successor trustee. That request also remains before the court.

The Trust by its terms benefits R. Burke Hart Hamilton Combs (“Burke”), who is the minor child of Tarallo and the trust’s grantor, Richard Maddox Combs. Tarallo was, but no longer is, married to grantor. The trust also benefits another of grantor’s sons, Hunter Clayborne Combs, (“Hunter”) from a prior relationship. Upon allegations by Tarallo that the co-trustees had transferred the vast majority of the trust corpus to a company controlled by the grantor, named the East River Capital Corporation, which allegedly, in turn, transferred the property to the grantor in Canada, the court ordered the co-trustees to account. The accounting eventually filed by the co-trustees showed $528,005.77 in trust assets and covered the period from November 5, 2004 through January 3, 2006. This period, however, ended before the complained-of transfer of trust assets, which, based on bank records, was stated by the then guardian ad litem appointed for Burke to have occurred on or around April 3, 2006.³ In a March 5, 2009 decision and order, the court directed the co-trustees to account through the period of December 3, 2008, and to provide a statement therein of any and all efforts to regain the trust assets. They failed to do either.

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