ESTATE OF MARY O'LEARY, ALSO KNOWN AS MARY FRANCES O'LEARY, ALSO KNOWN AS MARY F. O'LEARY, Deceased

ESTATE OF MARY O'LEARY, ALSO KNOWN AS MARY FRANCES O'LEARY, ALSO KNOWN AS MARY F. O'LEARY, Deceased (13/2454/A) — In this proceeding to judicially settle the account of the executor, the decedent's daughter who is an attorney and who is also seeking legal fees as a representative of this estate, pro se objections were filed by another daughter of the decedent. The court notes that the executor was an opponent in the 2012 election to fill the vacancy to this court after the mandatory retirement of the prior Surrogate, the Hon. Lee L. Holzman, due to age limitations. Although not requested by any party the court, sua sponte, and in the exercise of sound discretion to "avoid impropriety and the appearance of impropriety in all of the judge's activities" (Rules of Chief Admin of Cts [22 NYCRR] §100.2) recuses itself from presiding over all matters relating to this estate as the court will be called upon to make factual determinations and findings governing the conduct and credibility of the executor. All further proceedings in this estate are hereby referred to the Hon. Judge Fern Fisher, Deputy Chief Administrative Judge for assignment to another court. The Chief Clerk shall mail a copy of this memorandum decision to counsel for the executor and the pro se objectant.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF MARY O’LEARY, ALSO KNOWN AS MARY FRANCES O’LEARY, ALSO KNOWN AS MARY F. O’LEARY, Deceased (13/2454/A) — In this proceeding to judicially settle the account of the executor, the decedent’s daughter who is an attorney and who is also seeking legal fees as a representative of this estate, pro se objections were filed by another daughter of the decedent. The court notes that the executor was an opponent in the 2012 election to fill the vacancy to this court after the mandatory retirement of the prior Surrogate, the Hon. Lee L. Holzman, due to age limitations. Although not requested by any party the court, sua sponte, and in the exercise of sound discretion to “avoid impropriety and the appearance of impropriety in all of the judge’s activities” (Rules of Chief Admin of Cts [22 NYCRR] §100.2) recuses itself from presiding over all matters relating to this estate as the court will be called upon to make factual determinations and findings governing the conduct and credibility of the executor. All further proceedings in this estate are hereby referred to the Hon. Judge Fern Fisher, Deputy Chief Administrative Judge for assignment to another court. The Chief Clerk shall mail a copy of this memorandum decision to counsel for the executor and the pro se objectant.

ESTATE OF MARY O'LEARY, ALSO KNOWN AS MARY FRANCES O'LEARY, ALSO KNOWN AS MARY F. O'LEARY, Deceased

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal