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Matter of Estate of Arnone

Dismissal of PA's SCPA 2103 Discovery Motion Premature, Denied; Examinations May Proceed

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The following papers were considered in this motion:PAPERS NUMBEREDRespondent’s Notice of Motion, Amended Notice of Motion,Affidavit in Support, and Memorandum of Law   1, 2, 3Petitioners’ Affirmation in Opposition to Motion  4Respondent’s Affirmation in Reply      5DECISION

*1 In this miscellaneous proceeding, the Public Administrator of Kings County (the PA), as Administrator of the estate of Salvatore Arnone (the decedent), seeks discovery pursuant to SCPA 2103 from respondents Benny Zhou (Zhou) and JP Morgan Chase Bank, N.A. (Chase), concerning the transfer of approximately $750,000.00 from the decedent’s Chase bank accounts to Zhou in 2009.1 Zhou moves to dismiss the petition, pursuant to CPLR §3211(a)(5), on the ground that the Statutes of Limitations have expired on all potential claims the PA may interpose against Zhou. For the reasons set forth below, the motion is denied.BACKGROUNDThe decedent died intestate on November 21, 2012 at the age of 91, leaving no issue. The PA was granted letters of administration on March 31, 2015. According to the PA, sometime in 2016, the decedent’s attorney, Robert Lerner (Lerner), informed the PA that prior to the decedent’s death, large sums of money were transferred from the decedent’s Chase accounts to Zhou under suspicious circumstances. The PA then commenced this SCPA 2103 proceeding to obtain discovery from Zhou and Chase by filing a petition on or about November 10, 2016.Lerner submitted an affirmation in support of the PA’s petition, stating that he had known the decedent for approximately eight years prior to his death. According to Lerner, the decedent maintained bank accounts at the Chase branch located at 55th Street and 8th Avenue in Brooklyn and visited that branch almost on a daily basis. Lerner further states that Zhou was an officer at

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