On April 27, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Christopher Smith,
Michael Smith As Trustees,
Of The Jay And Patricia Smith Irrevocable Trust,
and
Estate Of Theodore P Smith
By Executor,
Smith Jane Anna
As Executor,
Smith J Anna
As Trustee,
Theodore P. Smith Income Only Irrevocable Trust,
for Special Proceedings - Other (RPAPL Section 901 et al)
in the District Court of Herkimer County.
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LAW OFFICES
ANNA SMITH
New York 14850
Clinton Suite 1, 104 N. Cayuga Street, Ithaca,
Hall,
200 Street, Herkimer, New York 13350
King
277-1916 / 866-1413 Fax: (607) 319-4253
Phone: (607) (315)
E-Mail: anna.smith.esq@gmail.com
www.annasmithesq.com
Please respond to: Ithaca Office Herkimer office
July 15, 2022
VIA ELECTRONIC FILING
Hon. John H. Crandall, J.S.C.
Herkimer County Supreme Court
301 N. Washington Street
Herkimer, NY 13350
Re: Christopher Smith and Michael Smith as Trustees of the Jay and Patricia Smith
Irrevocable Trust v. Anna 1 Smith as Trustee of the Theodore P. Smith Income Only
Irrevocable Trust, and Theodore P. Smith
Index No.: EF2021-108166
Dear Judge Crandall:
I am writing in regard to the proposed Order that was uploaded to the Court on July 12,
2022 at NYSCEF Doc. No. 140. As opposing counsel did not provide me with an opportunity to
review the proposed Order prior to its submission, I am writing to voice my objections regarding
various aspects of the proposed Order.
First, I would like to point out what I believe to be a couple of clerical errors in the first
paragraph of the proposed Order. The proposed Order recites various pages in the Book of
Deeds, but fails to include page 81 in the list,which describes one of the parcels at issue in this
case. The proposed Order also references a hearing conducted on June 10, 2021, but fails to
reference the hearing conducted on August 11, 2021 and August 13, 2021.
Second, I would like to note my strong objection to inclusion of language in the proposed
Order stating that the Property be sold as one parcel (see finding #5 on page 2 of the proposed
Order). RPAPL §231(5) states that if the Property consists of two or more distinct buildings,
farms, or lots, they shall be sold separately, unless otherwise ordered by the court. Here, the
Property consists of six parcels (lots) and two distinct buildings, and the parties have had no
opportunity to present their position as to why the auction should deviate from the default
procedure of selling the lots separately. I would respectfully request that the Court of an
appointed referee conduct an inquiry into whether it is appropriate to sell the Property as one
parcel or to sell each lot separately. Such a determination is complex and should not be made
with haste and without any inquiry into the matter whatsoever.
Respectfully,
Anna J. Smith, Esq.
cc: Brody D. Smith, Esq. (via NYSCEF & e-mail)
Nolan Kokkoris, Esq. (via NYSCEF & e-mail)
Daniel Pautz, Esq. (via NYSCEF & e-mail)
Document Filed Date
July 15, 2022
Case Filing Date
April 27, 2021
Category
Special Proceedings - Other (RPAPL Section 901 et al)
Status
Disposed-Court Date/Application Pending
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LAW OFFICES ANNA SMITH New York 14850 Clinton Suite 1, 104 N. Cayuga Street, Ithaca, Hall, 200 Street, Herkimer, New York 13350 King 277-1916 / 866-1413 Fax: (607) 319-4253 Phone: (607) (315) E-Mail: anna.smith.esq@gmail.com www.annasmithesq.com Please respond to: Ithaca Office Herkimer office July 15, 2022 VIA ELECTRONIC FILING Hon. John H. Crandall, J.S.C. Herkimer County Supreme Court 301 N. Washington Street Herkimer, NY 13350 Re: Christopher Smith and Michael Smith as Trustees of the Jay and Patricia Smith Irrevocable Trust v. Anna 1 Smith as Trustee of the Theodore P. Smith Income Only Irrevocable Trust, and Theodore P. Smith Index No.: EF2021-108166 Dear Judge Crandall: I am writing in regard to the proposed Order that was uploaded to the Court on July 12, 2022 at NYSCEF Doc. No. 140. As opposing counsel did not provide me with an opportunity to review the proposed Order prior to its submission, I am writing to voice my objections regarding various aspects of the proposed Order. First, I would like to point out what I believe to be a couple of clerical errors in the first paragraph of the proposed Order. The proposed Order recites various pages in the Book of Deeds, but fails to include page 81 in the list,which describes one of the parcels at issue in this case. The proposed Order also references a hearing conducted on June 10, 2021, but fails to reference the hearing conducted on August 11, 2021 and August 13, 2021. Second, I would like to note my strong objection to inclusion of language in the proposed Order stating that the Property be sold as one parcel (see finding #5 on page 2 of the proposed Order). RPAPL §231(5) states that if the Property consists of two or more distinct buildings, farms, or lots, they shall be sold separately, unless otherwise ordered by the court. Here, the Property consists of six parcels (lots) and two distinct buildings, and the parties have had no opportunity to present their position as to why the auction should deviate from the default procedure of selling the lots separately. I would respectfully request that the Court of an appointed referee conduct an inquiry into whether it is appropriate to sell the Property as one parcel or to sell each lot separately. Such a determination is complex and should not be made with haste and without any inquiry into the matter whatsoever. Respectfully, Anna J. Smith, Esq. cc: Brody D. Smith, Esq. (via NYSCEF & e-mail) Nolan Kokkoris, Esq. (via NYSCEF & e-mail) Daniel Pautz, Esq. (via NYSCEF & e-mail)