Cases Released On July 25, 2019
Surrogate TitoneESTATE OF CAROL BLAKE TRUST U/A/D JUNE 26, 2001, Deceased (09-266/C) — In this probate proceeding, decedent died a resident of Richmond County on December 24, 2008. At the time of her death, the decedent owned residential real estate located at 11 Keegans Lane, Staten Island, NY 10308. Successor Letters of Trusteeship were issued to Robert Russo on February 21, 2017.Robert Russo, (“Trustee”) by Order to Show Cause now seeks the following relief:1. Final Judgment awarding possession of the premises known as 11 Keegans Lane, Staten Island, NY 10308 to the petitioners;2. Issuance of a Warrant of Eviction to remove Nicholas Radice from possession thereof;3. An order to sell the property;4. Judgment for Real Estate Tax arrears herein; and5. For such other relief as this Court deems appropriate.The proceeding was commenced by the Trustee pursuant to SCPA §201. Jurisdiction was obtained over all parties. No objections or opposition was filed. The Order to Show Cause was returnable April 10, 2019, then adjourned to June 5, 2019, and finally June 19, 2019 to allow respondent, Nicholas Radice, time to hire counsel if desired, and file opposition. As of June 19, 2019, Nicholas Radice did appear pro-se, but did not file opposition.Trustee contends that the residence must be sold in order to (a) pay the outstanding real estate taxes, and (b) repair the residence and prevent a tax foreclosure lien. Although Nicholas Radice was granted a life estate, the property and the trust provided he paid all expenses, including real estate taxes, water and sewer charges, repairs, homeowners insurance, and the customary expenses of home ownership. The Trustee provided evidence which, was not contradicted, that the real estate taxes have not been paid, and attested to the defects evident in the property.Having reviewed all the papers heretofore filed herein, and heard counsel and Nicholas Radice during oral argument, the Court finds it has subject matter jurisdiction and that the sale of the property is necessary as the life tenant has not maintained the property during his tenancy. This failure to maintain the property ceasing the life tenancy of Nicholas Radice.The Court hereby directs Nicholas Radice to vacate the premises located at 11 Keegans Lane, Staten Island, NY 10308 within thirty (30) days from the personal service of a certified copy of this Order upon him. Nicholas Radice is further directed to provide immediate access to such premises to the Trustee and his agents for the purpose of appraisal and/or inspection of said property. After the thirty (30) day period ends, the Trustee shall have exclusive possession of 11 Keegans Lane, Staten Island, NY 10308. Additionally, the Court directs that if Nicholas Radice refuses to provide the Trustee or his agents with keys to the premises, then the petitioners are authorized to change the locks, and if necessary, a Warrant of Eviction may issue upon five (5) days notice to Nicholas Radice.This matter is restored to the Court’s Calendar for control purposes on September 25, 2019 at 9:30 am.The Clerk of the Court is directed to mail a copy of this decision by regular mail to Angiuli & Gentile LLP, and Nicholas Radice.This decision shall constitute the Order of the Court.Dated: July 16, 2019
