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Estate of Dziubkowski

Executor Granted Motion to Relieve Counsel, Substitute With New Law Firm

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The following submissions were considered on this motion:Papers NumberNotice of Motion by Petitioner, Lucius Tyrasinksi, Affirmation of Gloria Goldenberg, Esq., and Affidavit of Petitioner    1, 2, 3,Notice of Cross-Motion, Affirmation of Edwin I. Gorski, Esq.            4,Affirmation in Opposition to Cross-Motion         5DECISION and ORDER

*1 Before the court is the motion of Lucius Tyrasinski (petitioner) seeking an order relieving Edwin I. Gorski (counsel) as his attorney, and substituting the firm of Solomon & Bernstein as his attorneys. Counsel cross-moves for an order denying petitioner’s motion and also seeks a “judgment” for the sum of $53,722.79 for his fees. Objectant’s attorneys did not file papers in opposition, but appeared during oral argument in strong support of petitioner’s motion.BackgroundThe petitioner filed a petition seeking to admit to probate an instrument dated April 16, 2013 (the propounded instrument) purporting to be the last will and testament of Sophie Dziubkowski (decedent) that names proponent as executor and Our Lady of Czestochowa (beneficiary), a religious institution affiliated with the proponent, as the sole beneficiary. The decedent’s daughter filed objections to probate, and requested SCPA 1404 examinations. The petitioner was issued preliminary letters testamentary pending the probate contest.Petitioner’s counsel, who is also the attorney-drafter of the propounded instrument, failed to provide documents requested of him via subpoena and was uncooperative during his SCPA 1404 examination, which resulted in several disclosure disputes between the parties requiring the court’s intervention. Ultimately, counsel had to be compelled to cooperate by the court. Further,

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