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ESTATE OF SANTA DIMATTINA, A/K/A SANTA v. UNCINO, Deceased

ESTATE OF SANTA DIMATTINA, A/K/A SANTA v. UNCINO, Deceased (06/1903/B) — The instant contested miscellaneous proceeding has been pending before this court for almost five years. The decedent, Santa DiMattina, a/k/a Santa V. Uncino, died on May 25, 1995, survived by two adult children, namely Thomas Anthony DiMattina (the petitioner) and Roberta Ilardo. By decree dated November 15, 2010, the decedent's last will and testament dated August 17, 1978, was admitted to probate, and letters testamentary were issued to the petitioner on that date. On July 5, 2012, the petitioner filed the instant petition, seeking turnover of certain personal property alleged to belong to the decedent and to be held by Paul Forster, Esq. (the respondent).

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ESTATE OF SANTA DIMATTINA, A/K/A SANTA v. UNCINO, Deceased (06/1903/B) — The instant contested miscellaneous proceeding has been pending before this court for almost five years. The decedent, Santa DiMattina, a/k/a Santa V. Uncino, died on May 25, 1995, survived by two adult children, namely Thomas Anthony DiMattina (the petitioner) and Roberta Ilardo. By decree dated November 15, 2010, the decedent’s last will and testament dated August 17, 1978, was admitted to probate, and letters testamentary were issued to the petitioner on that date. On July 5, 2012, the petitioner filed the instant petition, seeking turnover of certain personal property alleged to belong to the decedent and to be held by Paul Forster, Esq. (the respondent).

On January 10, 2013, the respondent filed verified objections to the instant petition. On February 26, 2013, respondent and counsel to the petitioner, James T. Walsh, Esq. (Walsh) met in conference with the court and executed a stipulation pursuant to which, inter alia, the instant petition would be withdrawn within two weeks from the date thereof upon securing agreement of the petitioner. On March 13, 2013, Walsh advised the court by letter that i) the petitioner had refused to agree to withdraw the instant proceeding, and ii) Walsh intended to withdraw as counsel to the petitioner.

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