Preview
FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
CHRISTOPHER SMITH AND MICHAEL SMITH, AS
TRUSTEES OF THE JAY AND PATRICIA SMITH
IRREVOCABLE TRUST, NOTICE OF MOTION
Plaintiffs, Index No.: EF2021-108166
v.
Hon. John H. Crandall
ANNA J. SMITH, AS TRUSTEE OF THE
THEODORE P. SMITH INCOME ONLY IRREVOCABLE
TRUST, AND THEODORE P. SMITH,
Defendants.
PLEASE TAKE NOTICE that upon the annexed Affirmation of Anna J. Smith, Esq.,
702
affinned on the day of June, 2022, and the exhibits annexed thereto, and upon all of the
pleadings and proceedings had herein, the Defendants will move this Court located at 301 N.
Washington Street, Herkimer, NY 13350, on Ju|e , 2022 at /0130 A.81of that day
or soon thereafter as can be heard for an Order pursuant to CPLR §1015 and §1021:
a. Substituting Anna Jane Smith, as Executor of the Estate of Theodore P. Smith, as
a party in this action in place of deceased Defendant Theodore P. Smith;
b. Amending the case caption to reflect said substitution; and
c. granting Defendants such other and further relief as the Court deems just and
proper.
PLEASE TAKE FURTHER NOTICE that these papers have been served on you at least
eight days before the motion is scheduled to be heard. You must serve your
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NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022
answering papers, if any, at least two days before such time.
Dated: June 7, 2022
Herkimer, New York
Respectfully submitted,
By: 4--×
Anna J. Smit Esq
LAW OFFICES OF ANNA SMITH
Attorney for Defendants
200 King Street
Herkimer, NY 13350
(315) 866-1413
anna.smith.esq@gmail.com
TO: Brody D. Smith, Esq.
Nolan T. Kokkoris, Esq.
BOND, SCHOENECK & KING, PLLC
Attorneys for Plaintiffs
Office and P.O. Address
One Lincoln Center
Syracuse, NY 13202-1355
(315) 218-8225
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NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
JUDGE CRANDALL, JOHN H
MOTION JUDGE CRANDALL, JOHN H
Index No. EF2021-108166
CHRISTOPHER SMITH et al
Motion 3
- v. -
THEODORE P. SMITH INCOME ONLY IRREVOCABLE
TRUST
COURT NOTICE
June 8, 2022
Anna J. Smith, Esq.
200 King Street
Herkimer, NY 13350
Re: Smith v Smith
RJI No: 21-21-147
INDEX: EF2021-108166
Dear Counselor:
Please be advised that the Court is in receipt of your MOTION/PETITION in the above
referenced matter which is scheduled to be heard virtually by the Hon. John H. Crandall, at
the Herkimer County Office and Court Facility, 301 N. Washington Street 5th floor,
Herkimer, New York 13350 on:
Wednesday, July 13, 2022 at 10:30a.m.
Because of the ongoing COVID-19 health crisis, matters are heard virtually via TEAMS.
TEAMS is a free program that you may download and install on any PC, MAC, IOS or
Android phone or tablet. For instructions on how to install and utilize TEAMS, please go
to https://portal.nycourts.gov/ and click on Public Users. Please call the court and
provide the clerk with your email address. The court will email you an invitation for the
date and time of your appearance. Attached are instructions for How to appear in the
Virtual Court, please follow the attached instructions to complete the process. If you are
unable to attend the hearing via TEAMS or by phone, please contact this office at (315)
Page 1 of 2
1 of 4
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09:17 PM
FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 AM INDEX NO. EF2021-108166
103
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022
619-3414 to arrange for alternate access
All adjournment requests must be in writing, with consent of opposing counsel, and sent
directly to Chambers.
An affidavit of service must be received, with notice of the correct date and time, prior to
the appearance date.
Responsive papers and cross motions, if any, must be timely served in accordance with
applicable provisions of CPLR 2214 and CPLR 2215. Please mail all original opposing and
reply papers to the Court at the above address with an affidavit of service.
PLEASE ATTACH A COPY OF THIS LETTER TO ALL COPIES OF THE MOTION PAPERS BEING
SERVED IN ORDER TO APPRISE OPPOSING PARTIES/COUNSEL OF THE ABOVE REFERENCED
LOCAL RULES.
DATED 06/08/2022 FILED By Kathryn Bielby
Page 2 of 2
2 of 4
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Preview
FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER CHRISTOPHER SMITH AND MICHAEL SMITH, AS TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, NOTICE OF MOTION Plaintiffs, Index No.: EF2021-108166 v. Hon. John H. Crandall ANNA J. SMITH, AS TRUSTEE OF THE THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND THEODORE P. SMITH, Defendants. PLEASE TAKE NOTICE that upon the annexed Affirmation of Anna J. Smith, Esq., 702 affinned on the day of June, 2022, and the exhibits annexed thereto, and upon all of the pleadings and proceedings had herein, the Defendants will move this Court located at 301 N. Washington Street, Herkimer, NY 13350, on Ju|e , 2022 at /0130 A.81of that day or soon thereafter as can be heard for an Order pursuant to CPLR §1015 and §1021: a. Substituting Anna Jane Smith, as Executor of the Estate of Theodore P. Smith, as a party in this action in place of deceased Defendant Theodore P. Smith; b. Amending the case caption to reflect said substitution; and c. granting Defendants such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that these papers have been served on you at least eight days before the motion is scheduled to be heard. You must serve your 1 of 4 FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022 answering papers, if any, at least two days before such time. Dated: June 7, 2022 Herkimer, New York Respectfully submitted, By: 4--× Anna J. Smit Esq LAW OFFICES OF ANNA SMITH Attorney for Defendants 200 King Street Herkimer, NY 13350 (315) 866-1413 anna.smith.esq@gmail.com TO: Brody D. Smith, Esq. Nolan T. Kokkoris, Esq. BOND, SCHOENECK & KING, PLLC Attorneys for Plaintiffs Office and P.O. Address One Lincoln Center Syracuse, NY 13202-1355 (315) 218-8225 2 of 4 09:17 PM FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 AM INDEX NO. EF2021-108166 103 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER JUDGE CRANDALL, JOHN H MOTION JUDGE CRANDALL, JOHN H Index No. EF2021-108166 CHRISTOPHER SMITH et al Motion 3 - v. - THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST COURT NOTICE June 8, 2022 Anna J. Smith, Esq. 200 King Street Herkimer, NY 13350 Re: Smith v Smith RJI No: 21-21-147 INDEX: EF2021-108166 Dear Counselor: Please be advised that the Court is in receipt of your MOTION/PETITION in the above referenced matter which is scheduled to be heard virtually by the Hon. John H. Crandall, at the Herkimer County Office and Court Facility, 301 N. Washington Street 5th floor, Herkimer, New York 13350 on: Wednesday, July 13, 2022 at 10:30a.m. Because of the ongoing COVID-19 health crisis, matters are heard virtually via TEAMS. TEAMS is a free program that you may download and install on any PC, MAC, IOS or Android phone or tablet. For instructions on how to install and utilize TEAMS, please go to https://portal.nycourts.gov/ and click on Public Users. Please call the court and provide the clerk with your email address. The court will email you an invitation for the date and time of your appearance. Attached are instructions for How to appear in the Virtual Court, please follow the attached instructions to complete the process. If you are unable to attend the hearing via TEAMS or by phone, please contact this office at (315) Page 1 of 2 1 of 4 3 2 09:17 PM FILED: HERKIMER COUNTY CLERK 06/08/2022 03:46 AM INDEX NO. EF2021-108166 103 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 06/08/2022 619-3414 to arrange for alternate access All adjournment requests must be in writing, with consent of opposing counsel, and sent directly to Chambers. An affidavit of service must be received, with notice of the correct date and time, prior to the appearance date. Responsive papers and cross motions, if any, must be timely served in accordance with applicable provisions of CPLR 2214 and CPLR 2215. Please mail all original opposing and reply papers to the Court at the above address with an affidavit of service. PLEASE ATTACH A COPY OF THIS LETTER TO ALL COPIES OF THE MOTION PAPERS BEING SERVED IN ORDER TO APPRISE OPPOSING PARTIES/COUNSEL OF THE ABOVE REFERENCED LOCAL RULES. DATED 06/08/2022 FILED By Kathryn Bielby Page 2 of 2 2 of 4 4 2