On January 19, 2021 a
Judgment
was filed
involving a dispute between
Amber R Mason,
Daniel G Mason,
and
Kim Mason,
for Torts - Other (Breach of fiduciary duty)
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/31/2021 08:49 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/30/2021
At the Supreme Court of the State
of New York held in and for the
County of Chautauqua on March 08,
2021.
P R E S E N T: Hon. Lynn W. Keane
Justice of the Supreme Court
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
___________________________________________
AMBER R. MASON, and INDEX NO. EK12021000070
DANIEL G. MASON,
Temporary Guardians of
JAMES D. MASON, an Alleged
Incapacitated Person ORDER RESOLVING
Plaintiffs, DEFENDANT’S MOTION
vs.
KIM MASON,
Defendant.
___________________________________________
Defendant Kim Mason, through her attorney, R. Thomas Rankin, Esq., having filed a motion
via an Order to Show Cause granted by the Court on 02 March 2021, and the affidavit of Kim
Mason, sworn to on 25 February 2021, and all other papers attached to the Order to Show Cause, and
The Plaintiffs, through their counsel, Lori Thierfeldt, Esq., having not filed responsive
papers, and
The Court having held oral arguments on the within motion on 08 March 2021, with
Defendant Kim Mason and her attorney, R. Thomas Rankin, Esq., appearing, and Lori Thierfeldt,
Esq., appearing on behalf of the Plaintiffs, and
The Court having read the moving papers and considered the oral arguments presented, and
upon motion of R. Thomas Rankin, Esq., it is hereby
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FILED: CHAUTAUQUA COUNTY CLERK 03/31/2021 08:49 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/30/2021
ORDERED that Defendant Kim Mason shall have telephone contact with James Mason at
least five times per week; neither party is to discuss the within litigation or finances (business or
otherwise) during the telephone calls; and it is further
ORDERED that the Plaintiffs shall not access the marital residence (9 Forest Park, Jamestown,
New York) without Defendant Kim Mason’s approval or the Court’s approval; and it is further
ORDERED that the Plaintiffs shall not shut off or otherwise take action regarding the utilities
at the marital residence without Court approval; and it is further
ORDERED that the Plaintiffs shall share with Kim Mason one half of any total stimulus funds
received by James Mason now or in the future; said funds to be delivered to Kim Mason within five
(5) business days of receipt by James Mason; and it is further
E N T E R, 3-30-2021
_____________________________
Hon. Lynn W. Keane
Justice of the Supreme Court
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Document Filed Date
March 31, 2021
Case Filing Date
January 19, 2021
Category
Torts - Other (Breach of fiduciary duty)
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/31/2021 08:49 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/30/2021 At the Supreme Court of the State of New York held in and for the County of Chautauqua on March 08, 2021. P R E S E N T: Hon. Lynn W. Keane Justice of the Supreme Court SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA ___________________________________________ AMBER R. MASON, and INDEX NO. EK12021000070 DANIEL G. MASON, Temporary Guardians of JAMES D. MASON, an Alleged Incapacitated Person ORDER RESOLVING Plaintiffs, DEFENDANT’S MOTION vs. KIM MASON, Defendant. ___________________________________________ Defendant Kim Mason, through her attorney, R. Thomas Rankin, Esq., having filed a motion via an Order to Show Cause granted by the Court on 02 March 2021, and the affidavit of Kim Mason, sworn to on 25 February 2021, and all other papers attached to the Order to Show Cause, and The Plaintiffs, through their counsel, Lori Thierfeldt, Esq., having not filed responsive papers, and The Court having held oral arguments on the within motion on 08 March 2021, with Defendant Kim Mason and her attorney, R. Thomas Rankin, Esq., appearing, and Lori Thierfeldt, Esq., appearing on behalf of the Plaintiffs, and The Court having read the moving papers and considered the oral arguments presented, and upon motion of R. Thomas Rankin, Esq., it is hereby Page 1 of 2 1 of 2 FILED: CHAUTAUQUA COUNTY CLERK 03/31/2021 08:49 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 03/30/2021 ORDERED that Defendant Kim Mason shall have telephone contact with James Mason at least five times per week; neither party is to discuss the within litigation or finances (business or otherwise) during the telephone calls; and it is further ORDERED that the Plaintiffs shall not access the marital residence (9 Forest Park, Jamestown, New York) without Defendant Kim Mason’s approval or the Court’s approval; and it is further ORDERED that the Plaintiffs shall not shut off or otherwise take action regarding the utilities at the marital residence without Court approval; and it is further ORDERED that the Plaintiffs shall share with Kim Mason one half of any total stimulus funds received by James Mason now or in the future; said funds to be delivered to Kim Mason within five (5) business days of receipt by James Mason; and it is further E N T E R, 3-30-2021 _____________________________ Hon. Lynn W. Keane Justice of the Supreme Court Page 2 of 2 2 of 2