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Estate of Dutton

Numerous Objections to Accounting Proceeding Found Properly Denied as Over-Broad

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DECISION/ORDER

*1The court has before it a motion in which movant, Edward J. Dutton (“Edward” or “movant”), decedent’s son and the objectant in the underlying accounting proceeding, seeks to compel discovery pursuant to CPLR §§3214 and 3216. In response thereto, petitioner in the accounting proceeding, Miles Dutton (“Miles” or “respondent”), also decedent’s son and one of decedent’s five children, filed a cross-motion in which he requests that Edward’s objections in the accounting proceeding be dismissed, and in which he only obliquely responds to some of Edward’s discovery demands. For the reasons stated herein, Edward’s motion to compel discovery is granted in part and denied in part and Miles’ cross-motion for summary judgment is denied. In making these determinations, the court has considered the “Affirmation [sic] in Support of Motion” of Edward; the “Affirmation” in support of cross-motion for summary judgment of Jaren M. Fernan, Esq., one of Miles’ attorneys; the “Affidavit” of Justin N. Lite, Esq., also an attorney for Miles; and the “Affidavit in Opposition to Respondent’s Cross-Motion for Relief Under CPLR 3212″ of Edward.BackgroundDecedent died on April 10, 2015 leaving a last will and testament dated April 18, 1983 and a codicil dated June 9, 1989 which were admitted to probate by decree of this court dated November 23, 2015 (collectively, the “will”). Letters testamentary issued to Miles on November 25, 2015. Miles filed his account on July 12, 2016; “Waiver of Citation and Consent in Accounting” forms from decedent’s other three children were filed on that date.

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