Exhibit,Appendix: Barbara Blumberg v. Tina M. Turner and, Sweet'S Funeral Home, Inc.

On August 24, 2022 a Exhibit,Appendix was filed involving a dispute between Barbara Blumberg, and Sweet'S Funeral Home, Inc., Tina M. Turner And, for Commercial - Other (Declaratory Judgment) in the District Court of Dutchess County.

Preview
FILED: DUTCHESS COUNTY CLERK 09/19/2022 05:28 PM INDEX NO. 2022-52786
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/19/2022

Exhibit 1
FILED:.
. ......-... DUTCHESS
... .......-...... COUNTY
...- -. . . CLERK
---..., 09/19/2022
. ... ,
- -,,-- 05:28
,, . . . . PM INDEX NO. 2022-52786
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NYSCEF
NYSCEF DOC.
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NO. 1
10 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/19/2022
08/24/2022

STATE OF NEW YORK
SUPREME COURT COUNTY OF DUTCHESS

BARBARA BLUMBERG,
SUMMONS
Plaintiff,
Index No.

TINA M. TURNER AND SWEET'S FUNERAL HOME, INC.

Defendants.

To the above-named Defendant(s)

TINA M. TURNER - 22 ROBERT HYDE NEW YORK 12538
DRIVE, PARK,

SWEET'S FUNERAL HOME - 4265 ALBANY POST HYDE NEW
ROAD, PARK,
YORK 12538

You are hereby summoned to answer the complaint in this action and to serve a

copy of your answer, or if the complaint is not served with this summons, to serve a
notice of appearance, on the Plaintiff's attorney within 20 days after the service of this

summons, exclusive of the day of service (or within 30 days after the service is complete
if thissummons is not personally delivered to you within the State of New York); and in
case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.

The basis of venue is where the cause of action arose.

Dated: Syracuse, NY
August 7_Y, 2022 BOND, SCHOENECK & KING PLLC

Richard L. Weber, Esq.
Attorneys for Plaintiff
One Lincoln Center

Syracuse, New York 13202

(315) 218-8375

14739578.1 8/24/2022
FILED:.
. ......-- DUTCHESS
-..-..-- - COUNTY
-- -... . CLERK
-...-.... 09/19/2022
- - - . - --- 05:28
- . . . . PM INDEX NO. 2022-52786
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NYSCEF DOC.
DOC. NO.
NO. 110 RECEIVED
RECEIVED NYSCEF:
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08/24/202;

STATE OF NEW YORK
SUPREME COURT COUNTY OF DUTCHESS

BARBARA BLUMBERG,
COMPLAINT
Plaintiff,
Index No.

TINA M. TURNER AND SWEET'S FUNERAL HOME, INC.

Defendants .

PLAINTIFF, BARBARA BLUMBERG, by and through her attorneys at Bond,

Schoeneck & King, PLLC, as and for her Complaint for declaratory judgment alleges and states

as follows:

BACKGROUND

1. This is an action for a declaratory judgment to declare Plaintiff's rights and other

legal relations to the cremated remains of Elsie F. Blumberg (the "Remains"), pursuant to the

laws of the State of New York which are more fully described herein.

2. Plaintiff has no adequate remedy other than this form of action to have the rights

and duties of the parties determined as to the matters set forth in this Complaint.

3. There is an actual controversy existing between Plaintiff Barbara Blumberg and

Defendant Tina M. Turner as to the legal rights to the Remains.

4. Defendant Sweet's Funeral Home, Inc., as custodian of the Remains, is a

necessary party to the action.

5. Plaintiff requests a declaration, by and of this Court, of Plaintiff's rights in

accordance with the applicable provisions of the law.

14633565.1 8/1/2022
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THE PARTIES

6. Plaintiff, Barbara Blumberg is an individual residing at 121 Meadowbrook Drive,

Slingerlands, NY.

7. Upon information and belief, Defendant Tina M. Turner is an individual who at

one time resided at 287 Station Road, Hurley New York, but who may now reside at that address

and/or 22 Robert Drive, Hyde Park, NY

8. Upon information and belief, Defendant Sweet's Funeral Home, Inc. is a

company incorporated under the laws of the State of New York with itsprincipal place of

business located in Dutchess County at 4265 Albany Post Road, Hyde Park, New York.

9. Upon information and belief, the Remains are in the custody and control of

Sweet's Funeral Home, and currently located at Sweet's Funeral Home, Inc. in Hyde Park,

Dutchess County, New York.

THE JUSTICIABLE CONTROVERSY

10. On November 9th, 2010, Elsie F. Blumberg executed a Power of Attomey in favor

of her husband, Marvin E. Blumberg. A true and accurate copy of the short form Power of

Attomey executed by Elsie Blumberg is attached hereto as Exhibit A.

11. On August 19, 2021, Elsie F. Blumberg died.

12. Thereafter, Elsie F. Blumberg's remains were cremated, upon information and

belief cremation services were performed by Sweet's Funeral Home.

13. On October 5, 2016, Marvin E. Blumberg executed a written instrument

appointing Defendant Tina M. Turner as his appointed agent to control disposition of his remains

(the "Appointment to Control Marvin's Remains"). A true and accurate copy of the Appointment

to Control Marvin's Remains is attached hereto as ExhibitB.

2
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14. On the same date (October 5, 2016), Marvin E. Blumberg executed a written

instrument appointing Defendant Tina M. Turner as the appointed agent to control disposition of

Elsie Blumberg's remains (the "Appointment to Control Elsie's Remains"). A true and accurate

copy of the Appointment to Control Elsie's Remains is attached hereto as Exhibit C.

15. Upon information and belief, at no point did Elsie Blumberg personally designate

Defendant Tina M. Turner to control disposition of her remains.

16. Defendant Tina M. Turner is not biologically related to Elsie Blumberg, nor is she

the biological or adopted child of Elsie Blumberg.

17. On November 8, 2021, Marvin Blumberg died.

18. Plaintiff Barbara Blumberg is the biological child of Elsie Blumberg.

19. New York General Obligations Law prohibits a designated power of attorney

from designating a separate third party to act as agent for the principle, therefore the appointment

of Defendant Tina M. Turner as the agent to control distribution of the Remains is void and

unenforceable. See N.Y. Gen. Oblig. Law § 5-1502n (McKinney's 2009).

20. New York Public Health Law states that the order of priority to control the

disposition of a decedent's remains is:the person designated in a valid and proper written

instrument, the decedents surviving spouse or domestic partner, and then any of the decedent's

surviving children. See N.Y. Pub. Health Law § 4201(2).

21. Marvin Blumberg-the former surviving spouse and designated agent of Elsie

- is deceased.
Blumberg

22. With no valid written instrument in place and no live surviving spouse, the correct

individual to determine the disposition of the Remains is Plaintiff, a child of Elsie Blumberg.

3
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23. There is one other known biological child of Elsie - Plaintiff s brother
Blumberg

William. Based on communication between William and Plaintiff's attorney, and upon

information and belief, William does not intend to seek recovery and/or possession of the

Remains nor to control the disposition of same. Further, the instant action seeks declaration of

the rights of Plaintiff as against Defendant Tina M. Turner. For these reasons, Plaintiff's brother

is not a necessary party and is not named in this action.

24. Upon information and belief, Defendant Tina M. Turner disputes the right of

Plaintiff to seek recovery and/or possession of the Remains and/or control the disposition of The

Remains.

25. On July 21, 2022, Bond, Schoeneck & King, PLLC sent a letter on behalf of

Barbara Blumberg to Sweet's Funeral Home with a carbon copy via email to Alan Rappleyea,

known attorney for Defendant Tina M. Turner (the "Letter"). A true and accurate copy of the

letter to Sweet's Funeral Home is attached hereto as Exhibit D.

26. The Letter informed Sweet's Funeral Home that, pursuant to New York law,

Plaintiff had the legal right to control the disposition of The Remains, and to demand that

Sweet's Funeral Home surrender same to Plaintiff immediately.

27. In response to the Letter, Alan Rappleyea instructed Robert Sweet, President of

Sweet's Funeral Home, not to release the ashes to Barbara Blumberg. A true and accurate copy

of the email communication between Alan Rappleyea, Richard L. Weber, Esq. of Bond,

Schoeneck & King, PLLC, and Robert Sweet is attached hereto as Exhibit E.

28. On July 21, 2022, Robert Sweet sent a reply letter to Richard L. Weber, Esq.

him that he would not release the remains of Elsie Blumberg until there was an
informing

4
14633565.1 8/1/2022
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agreement between the interested parties or an appropriate court order. A true and accurate copy

of the letter from Robert Sweet is attached hereto as Exhibit F.

29. Defendants Sweet's Funeral Home Inc., and Tina M. Turner refuse to

acknowledge Plaintiff's legal right to control the disposition of the Remains, and refuse to

release the Remains to Plaintiff.

30. There is an actual controversy existing between Barbara Blumberg and Sweet's

Funeral Home Inc., as to the control of the Remains.

31. Barbara Blumberg seeks and requires a DECLARATION, JUDGMENT and

ORDER by and of this Court concerning her rights to recovery and/or possession of the

Remains, and to control the disposition of the Remains.

WHEREFORE, Barbara Blumberg demands DECLARATION, JUDGMENT AND

ORDER as follows:

(a) Declaring that Plaintiff Barbara Blumberg, as a surviving child of Decedent Elsie

Blumberg, has the legal right to recovery and/or possession of the Remains, and to

control the disposition of the Remains;

(b) Declaring the Appointment to Control Elsie's Remains to be void, invalid and

without legal effect;

remains of Elsie Blumberg to Barbara Blumberg; and

(d) Awarding such other and further relief as the Court deems just and proper.

Dated: August 24, 2022 BOND, SCHOENECK & KING, PLLC

Richard L. Weber
Attorneys for Plaintiff

5
14633565.1 8/1/2022
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. ---- . DUTCHESS
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Barbara Blumberg
Office and P.O. Address
One Lincoln Center

Syracuse, New York 13202-1355
Telephone: (315) 218-8000

6
14633565.1 8/1/2022
FILED: DUTCHESS COUNTY CLERK 09/19/2022 05:28 PM INDEX NO. 2022-52786
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EXHIBIT B
FILED: DUTCHESS
..---..--- COUNTY
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--, .., ....,
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/19/2022

Sweet's Funeral Home, Inc.
*
4365 Albany Post Rd. PO Box 682

Hyde Park, NY 12538

845-229-2624

APPOINTMENT OF AGENT TO CONROL DISPOSITION OF REMAINS

instrument"
(This document shall constitute the "written as provided in

Section 4201 of the NYS Public Health Law.)

Recipient"
"To Be Completed by the Intended Funeral

(Print Your Name and Address)

being of sound mind, willfully and voluntarily make known my desire that, upon my death, the disposition of

my remains shall be controlled by:

(Print Name of Agent)

With respect to that subject only, I hereby appoint such person as my agent with respect to the disposition of my
remains.

A. SPECIAL DIRECTIONS:

Set forth below are any special directions limiting the power granted to my agent, as well as any instructions or
wishes desired to be followed in the disposition of my remains:

Co r(AJ o f (12sepc3As To EE G m GA ·To

pp guyL4é f. 53 &f T)nST65éD 6 P

9rf ugf.. b g 5C
g¬T30 r3

Sweet's Funeral Inc.* 4365 Past Rd * Hyde NY 12538 * 845229.2624
Home, Albany Park,
FILED:
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Indicate below ifyou have entered into a pre-funded, pre-need agreement subject to Section 453 of the NYS
General Business Law for funeral merchandise or services in advance of need:

NO, I have not entered into a pre-funded, pre-need agreement subject to Section 453 of the
NYS General Business Law.

YES, I have entered into a pre-funded, pre-need agreement subject to Section 453 of the NYS
General Business Law.

B. AGENT INFORMATION:

Name: (i.A) E tL...

Address: 2.11 St eno A Rt- bit.te

0- H<
, ,

Telephone Number(s): 7 6043

C: SUCCESSORS:

If my agent dies, resigns, or is unable or unwilling to act, I hereby appoint the following persons (each to act
alone and successively, in the order named) to serve as my agent to control the disposition of my remains as
authorized by this document:

1. First Successor:

Name:

Address:

Telephone Number(s):

2. Second Successor:

Name:

Address:

Telephone Number(s)

Sweet's Funeral Inc. * 4365 Post Rd. * Hyde NY 12538 * 845229.2624
Home, Albany Park,
FILED:
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D. DURATION:

This appointment becomes effective upon my death.

PRIQR APPOINTMENT REVQKED:

I hereby revoke any prior appointment of person to control the disposition of remains.
any my

SIGNED this y of /9 K..v , .

(Signature of Person Making the Appointment)

F. STATEMENT BY WITNESS(witness must be 18 or older)

I declare that the person who executed this document is personally known to me and appears to be of sound
mind and acting of his or her free will. He/She signed (orasked another to sign for him or her) this document in
my presence.

Witness 1: T
Address: yster As Po

M A

Telephone No.: 12-
2-62-4

Witness 2:

Address:

Telephone No.:

* 4365 * Hyde NY L2538 * 845.229.2624
Sweet's Funeral Home, Inc. Amany Post Rd Park,
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" G. ACCEPTANCE AND ASSUMPTION BY AGENT:

1. I have no reason to believe that there has been a revocation of this appointment to control disposition
of remains.

2. I hereby accept this appointment

SIGNED this of -4 )(9
ay ,

(Signature of Agent)

* 4365 * Hyde NY 12538 * 845.229.2624
Sweet's Funeral Home, Inc. Amany Post Rd Park,
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POWER OF ATTORNEY
NEW YORK STATUTORY SHORT FORM

(a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document As the
"principal,"
you give the person whom you choose (your "agent") authority to spend your money and
sell or dispose of your property during your lifetime without telling you. You do not lose your

authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you
have provided or, where there are no specific instructions, in your best interest. "Important
Agent"
Information for the at the end of this document describes your agent's responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary
public.

You can request information from your agent at any time. If you are revoking a prior Power
of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third
parties who may have acted upon it, including the financial institutions where your accounts are
located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you
are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting
improperly.

Your agent cannot make health care decisions for you. You may execute a "Health Care
Proxy"
to do this.

The law governing Powers of Attorney iscontained in the New York General Obligations Law,
Article 5, Title 15. This law is available at a law library, or online through the New York State Senate
or Assembly websites, www.senate.state.ny.us or www.assembly.state.ny.us.

If there is anything about this document that you do not understand, you should ask a lawyer
of your own choosing to explain itto you.

(b) DESIGNATION OF AGENT(S):

I, ELSIE F. BLUMBERG, residing at 22 Robert Drive, Hyde Park, New York 12538, hereby
appoint MARVIN E. BLUMBERG, residing at 22Robert Drive, Hyde Park, New York 12538, as my agent.

Ifyou designate more than one agent above, they must act together unless you initialthe statement below.

( ) My agents may act SEPARATELY.

Page 1 of 9
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POWER OF ATTORNEY
NEW YORK STATUTORY SHORT FORM

(a) CAUTION TO THE PRINCIPAL: Your Power of Attorney isan important document As the
"principal,"
you give the person whom you choose (your "agent") authority to spend your money and
sell or dispose of your property during your lifetime without telling you. You do not lose your

authority to act even though you have given your agent similar authority.

Your agent can act on your behalf only after signing the Power of Attorney before a notary
public.

You can request information from your agent at any time. If you are revoking a prior Power
of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third
parties who may have acted upon it,including the financial institutions where your accounts are
located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you
are of sound mind. If you are no longer of sound min d, a court can remove an agent for acting
improperly.

Your agent cannot make health care decisions for you. You may execute a "Health Care
Proxy"
to do this.

If there isanything about this document that you do not understand, you should ask a lawyer
of your own choosing to explain itto you.

(b) DESIGNATION OF AGENT(S):

I, ELSIE F. BLUMBERG, residing at 22 Robert Drive, Hyde Park, New York 12538, hereby
appoint MARVIN E. BLUMBERG, residing at22 Robert Drive, Hyde Park, New York 12538, as my agent.

If you designate more than one agent above, they must act together unless you initial
the statement below.

( ) My agents may act SEPARATELY.

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If any agent designated above is unable or unwilling to serve, I appoint as my successor agent(s):

WILLIAM an 25*
BLUMBERG, having address at 8437 Avenue S.W., Apt. B, Seattle,Washington 98106.

Successor agents designated above must act together unless you initialthe statement below.

( ) My successor agents may act SEPARATELY.

You may provide for specific succession rulesin this section. Insert specific succession provisions here:

(d) This POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I
have stated otherwise below, under "Modifications".

(e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previously
executed by me unless I have stated otherwise below, under "Modifications".

Ifyou do NOT intend to revoke your prior Powers of Attorney, and ifyou have granted the same authorityin this
Power ofAttorney as you granted to another agent in a priorPower of Attorney, each agent can act separatelyunless
"Modifications"
you indicate under

Case Info

Judge

Christi J Acker Track Judge’s New Case

Case No.

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Document Filed Date

September 19, 2022

Case Filing Date

August 24, 2022

County

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Exhibit,Appendix: Barbara Blumberg v. Tina M. Turner and, Sweet'S Funeral Home, Inc.

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