Surrogate López Torres ESTATE OF PAULINE DIACZOK a/k/a PAULINE AGENES DIACZOK, Deceased (01-3613/E) — In this accounting proceeding brought by Catherine G. Diaczok (administrator), as the administrator of the estate of Pauline Diaczok, respondent Gregory Diaczok (respondent) moves for an order to (a) compel the administrator to comply with respondent’s first notice and demand for discovery and inspection; (b) compel the administrator to fully comply with the terms of a stipulation dated April 16, 2019; and (c) direct the administrator to pay the legal fees and disbursements incurred in connection with the instant motion. The respondent sets forth that pursuant to a stipulation executed by the parties on April 16, 2019, the respondent was to serve SCPA 2211 discovery demands by April 23, 2019 and the administrator was to serve responses by May 23, 2019. The respondent served discovery demands on April 19, 2019. Having no response, counsel for the respondent wrote to counsel for the administrator on May 29, 2019 requesting compliance, to no avail. The instant motion was returnable on the court’s calendar on July 30, 2019. At that time, the respondent’s counsel appeared, but the administrator’s counsel did not appear, apparently due to a family matter. Accordingly, the court marked the motion submitted, subject to the administrator filing a response to the motion by August 13, 2019. However, the administrator failed to file any response. Therefore, based upon the default of the administrator, and upon the court’s review of the respondent’s discovery demands indicating that the demands are generally appropriate to the issues in the instant accounting proceeding, the motion is granted. The administrator shall serve complete responses to the respondent’s discovery demands within 20 days of the service of this decision and order.1 CPLR 3101(a); 3214. With respect to the respondent’s request for fees and disbursements in connection with the filing of the instant motion, the request is denied as there is an insufficient showing of frivolous or willful conduct on the part of the administrator in failing to respond to the discovery demands, such that the imposition of sanctions is warranted. 22 NYCRR 130-1.1. Accordingly, it is hereby ORDERED, that the administrator shall serve complete responses to the “petitioner’s [sic] first notice and demand for discovery and inspection” dated April 19, 2019 within twenty (20) days after the service of a copy of this decision and order. Dated: September 27, 2019
