On April 27, 2021 a
Party Notice
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.
Preview
FILED: HERKIMER COUNTY CLERK 10/18/2022 03:44 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 10/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
CHRISTOPHER SMITH AND MICHAEL SMITH AS NOTICE OF ENTRY
TRUSTEES OF THE JAY AND PATRICIA SMITH
IRREVOCABLE TRUST,
Plaintiffs, Index No.: EF2021-108166
-Against-
Hon. John H. Crandall,
ANNA J. SMITH., AS TRUSTEE OF THE A.J.S.C.
THEODORE P. SMITH INCOME ONLY
IRREVOCABLE TRUST, AND ANNA JANE SMITH,
AS EXECUTOR OF THE ESTATE OF
THEODORE P. SMITH,
Defendants.
PLEASE TAKE NOTICE that the attached is a true and accurate copy of the Order of the
Honorable John H. Crandall, signed on October 18, 2022 and entered with the Herkimer County
Clerk on October 18, 2022.
Service of this Notice of Entry upon the Plaintiffs shall be deemed completed upon
electronically filing with the NYSCEF system pursuant to New York's Uniform Civil Rules for
the Supreme Court and the County Court §202.5-b(h)(2).
Dated: October 18, 2022
By: 4 a
Anna J. Smi , Esq.
LAW OFFICES OF ANNA SMITH
Attorney for the Defendants
200 King Street
Herkimer, NY 13350
Telephone: (315) 866-1413
Fax: (607) 319-4253
Email: annasmithesq@gmail.com
TO: BOND, SCHOENECK & KING, PLLC (via NYSCEF system)
1 of 4
FILED: HERKIMER COUNTY CLERK 10/18/2022 03:44 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 10/18/2022
D. Smith, Esq.
Brody
Nolan T. Kokkoris, Esq.
Daniel Pautz, Esq.
Attorneys for Plaintiffs
Office and P.O. Address
One Lincoln Center
Syracuse, NY 13202-1355
Telephone: (315) 218-8225
2 of 4
FILED:
FILED : HERKIMER
HERKIMER COUNTY
COUNTY CLERK
CLERK 10/18/2022
10/18/2022 03:44
11: 52 PM INDEX
INDEX NO.
NO. EF2021-108166
EF2021-108166
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 147
146 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/18/2022
10/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
CHRISTOPHER SMITH AND MICHAEL SMITH AS ORDER
TRUSTEES OF THE JAY AND PATRICIA SMITH
IRREVOCABLE TRUST,
Plaintiffs, Index No.: EF2021-108166
-Against-
Hon. John H. Crandall,
ANNA J. SMITH., AS TRUSTEE OF THE A.J.S.C.
THEODORE P. SMITH INCOME ONLY
IRREVOCABLE TRUST, AND ANNA JANE SMITH,
ASEXECUTOROFTHEESTATEOF
THEODORE P. SMITH,
Defendants.
13th
UPON the hearing before the Court on the day of July, 2022, with Plaintiffs having
been represented by Brody D. Smith, Esq. of Bond, Schoeneck & King, PLLC, and Defendants
having been represented by Anna J. Smith, Esq. of the Law Offices of Anna Smith;
AND upon the oral arguments of counsel for the Defendants in support of their
application, and counsel for Plaintiffs not opposing the requested relief;
AND upon reading and due consideration of the Affirmation of Anna J. Smith, Esq.,
dated June 7, 2022, in Support of the Motion for Substitution, and the exhibits attached thereto,
and allthe papers and proceedings heretofore had herein;
AND upon due deliberation thereon;
NOW, itis hereby
Defendants'
ORDERED that the motion requesting to substitute 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 is granted in itsentirety; and itis further
1
3 of
of 2
4
FILED:
FILED : HERKIMER
HERKIMER COUNTY
COUNTY CLERK
CLERK 10/18/2022
10/18/2022 03:44
11 :52 PM INDEX
INDEX NO.
NO. EF2021-108166
EF2021-108166
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 147
146 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/18/2022
10/18/2022
ORDERED that the case caption is hereby amended to reflect said substitution.
Dated: July 2022
Herkimer, New York
ENTER,
on. Jo n H. Crandall
et Supreme Court Justice
2
4 of
of 2
4
Document Filed Date
October 18, 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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Preview
FILED: HERKIMER COUNTY CLERK 10/18/2022 03:44 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 10/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER CHRISTOPHER SMITH AND MICHAEL SMITH AS NOTICE OF ENTRY TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs, Index No.: EF2021-108166 -Against- Hon. John H. Crandall, ANNA J. SMITH., AS TRUSTEE OF THE A.J.S.C. THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND ANNA JANE SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, Defendants. PLEASE TAKE NOTICE that the attached is a true and accurate copy of the Order of the Honorable John H. Crandall, signed on October 18, 2022 and entered with the Herkimer County Clerk on October 18, 2022. Service of this Notice of Entry upon the Plaintiffs shall be deemed completed upon electronically filing with the NYSCEF system pursuant to New York's Uniform Civil Rules for the Supreme Court and the County Court §202.5-b(h)(2). Dated: October 18, 2022 By: 4 a Anna J. Smi , Esq. LAW OFFICES OF ANNA SMITH Attorney for the Defendants 200 King Street Herkimer, NY 13350 Telephone: (315) 866-1413 Fax: (607) 319-4253 Email: annasmithesq@gmail.com TO: BOND, SCHOENECK & KING, PLLC (via NYSCEF system) 1 of 4 FILED: HERKIMER COUNTY CLERK 10/18/2022 03:44 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 10/18/2022 D. Smith, Esq. Brody Nolan T. Kokkoris, Esq. Daniel Pautz, Esq. Attorneys for Plaintiffs Office and P.O. Address One Lincoln Center Syracuse, NY 13202-1355 Telephone: (315) 218-8225 2 of 4 FILED: FILED : HERKIMER HERKIMER COUNTY COUNTY CLERK CLERK 10/18/2022 10/18/2022 03:44 11: 52 PM INDEX INDEX NO. NO. EF2021-108166 EF2021-108166 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 147 146 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/18/2022 10/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER CHRISTOPHER SMITH AND MICHAEL SMITH AS ORDER TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs, Index No.: EF2021-108166 -Against- Hon. John H. Crandall, ANNA J. SMITH., AS TRUSTEE OF THE A.J.S.C. THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND ANNA JANE SMITH, ASEXECUTOROFTHEESTATEOF THEODORE P. SMITH, Defendants. 13th UPON the hearing before the Court on the day of July, 2022, with Plaintiffs having been represented by Brody D. Smith, Esq. of Bond, Schoeneck & King, PLLC, and Defendants having been represented by Anna J. Smith, Esq. of the Law Offices of Anna Smith; AND upon the oral arguments of counsel for the Defendants in support of their application, and counsel for Plaintiffs not opposing the requested relief; AND upon reading and due consideration of the Affirmation of Anna J. Smith, Esq., dated June 7, 2022, in Support of the Motion for Substitution, and the exhibits attached thereto, and allthe papers and proceedings heretofore had herein; AND upon due deliberation thereon; NOW, itis hereby Defendants' ORDERED that the motion requesting to substitute 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 is granted in itsentirety; and itis further 1 3 of of 2 4 FILED: FILED : HERKIMER HERKIMER COUNTY COUNTY CLERK CLERK 10/18/2022 10/18/2022 03:44 11 :52 PM INDEX INDEX NO. NO. EF2021-108166 EF2021-108166 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 147 146 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/18/2022 10/18/2022 ORDERED that the case caption is hereby amended to reflect said substitution. Dated: July 2022 Herkimer, New York ENTER, on. Jo n H. Crandall et Supreme Court Justice 2 4 of of 2 4