Preview
FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023
EXHIBIT E
FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023
FILED
SURROGATE'S COURT
SUFFOLK COUNTY
SUFFOLK COUNTY
FEB 1·52018
SURROGATE'S COURT
---------------------------------------- ) MICHAEL CIPOLLINO
In the Matter of the Petition of CHIEF CLERK
RAYMOND E. VAN ZWIENEN, as successor ) . DECISION/ORDER
trustee of the )
) By: HON. JOHN M. CZYGIER, JR.,
) .. . . . . .. . . . . . . . .. . . . . . . . . .
WILLIAM H VAN ZWIENEN )
REVOCABLE TRUST, ) Surrogate
)
)
to Recover Possession of the Real ) Dated:
Property Located at 12 Mallar Avenue, in )
the Hamlet of Bay Shore, in the County )
of Suffolk, in the State of New York, ) File #: 2017-778/B
from YAN PING XU. )
----------------------~-----------------
Petitioner, Raymond E. Van Zwienen, is the executor of
decedent's estate, letters testamentary having issued to him on
December 1, 2017, and the successor trustee of the William H. Van
Zwienen Revocable Trust. Pe ti ti oner seeks an order: ( 1) awarding
him, as successor trustee of the William H. Van Zwienen Revocable
Trust, possession of the real property, located at 12 Mallar
Avenue, in the Hamlet of Bay Shore, in the County of Suffolk, in
the State of New York (District 0500, Section 395.00, Block 02.00,
Lot 044.000); (2) directing respondent, Yan Ping Xu, to vacate the
said real property forthwith, and issuing a war~ant for her removal
from possession of the real property; ( 3) awarding judgment against
Yan Ping Xu for the fair value of her use and occupancy of the said
real property, including interest, from March 30, 2017 to the date
petitioner, as successor trustee, is given exclusive possession of
the property; and (4) awarding petitioner costs associated with
this proceeding.
Jurisdiction has been obtained over all persons 1.isted on the
·. petition as. ne.cessary .parties. Respondent was· dtily ser-ved, and has ·
requested numerous adjournments.·. Dltimately, the ·undersigned
marked the matter final for February 6, 2018, ·at which time
respondent neither appeared nor submitted any pleading. in
opposition to the requested relief.
This court may properly decide a proceeding for ejectment
brought by a fiduciary of an estate (see, Matter of Piccione'.s
Estate, 57 NY2d 278).
As respondent has defaulted, the allegations in the petition
are deemed due proof of the facts asserted therein (SCPA 509) .
F~om the papers-submitted, it appears that respondent Yan Ping Xu,
has remained in possession of the real property at issue past March
64
FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023
I Decision Page 2
Estate of William H. Van Zwienen, Deceased.
29, 2017, in violation of the terms of the William H. Van Zwienen
Revocable Trust, as amended.
Upon this record and in the absence of opposition, the court
finds that petitioner, as executor of this estate and successor
trustee of the William H. Van Zwienen Revocable Trust, is entitled
to possession of the subject premises located at 12 Mallar Avenue,
Bay Shore, New York.
Accordingly~ it is
ORDERED, that petitioner is entitled to the possession of the
premises located at 12 Mallar Avenue, Bay Shore, New York; and it
is further
ORDERED, that respondent is hereby directed to vacate the
premises located at 12 Mallar Avenue, Bay Shore, New York within
ten (10) days of the date of being served with a true copy of this
order; and it is further
ORDERED, that upon the failure of respondent to vacate said
premises within the time prescribed, petitioner may make an
application for a transcript of this Decision and Order which may
be docketed with the Clerk of Suffolk County; it is further
ORDERED, that upon being presented with a certified copy of
this order and the transcript thereof, the Sheriff of the County of
Suffolk shall be and is hereby immediately required to enter upon
the premises located at 12 Mallar Avenue, Bay Shore, New York and
eject therefrom Yan Ping Xu and every person holding same or any
part thereof under her adversely to the estate of William H. Van
Zwienen and to put petitioner into possession of said premises; and
it is further
ORDERED, that petitioner's additional requests for relief are
denied without prejudice, as the record is devoid of the necessary
proof.
FILED
SURROGATE'S COURT
SUFFOLK COUNTY
FEB 16Z018
MICHAEL CIPOLLINO
CHIEF CLERK
65
FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023
Decision Page 3
·Estate of William H. Van Zwienen, Deceased.
McCoyd,. Parkas & Ronan LLP
Attorneys for Petitioner
1100 Franklin Av.enue
The Penthouse
Garden City, NY 11530
Yan Ping Xu
Respondent
12 Mallar Avenue
Bay-Shore~ NY 11706
66
Preview
FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023 EXHIBIT E FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023 FILED SURROGATE'S COURT SUFFOLK COUNTY SUFFOLK COUNTY FEB 1·52018 SURROGATE'S COURT ---------------------------------------- ) MICHAEL CIPOLLINO In the Matter of the Petition of CHIEF CLERK RAYMOND E. VAN ZWIENEN, as successor ) . DECISION/ORDER trustee of the ) ) By: HON. JOHN M. CZYGIER, JR., ) .. . . . . .. . . . . . . . .. . . . . . . . . . WILLIAM H VAN ZWIENEN ) REVOCABLE TRUST, ) Surrogate ) ) to Recover Possession of the Real ) Dated: Property Located at 12 Mallar Avenue, in ) the Hamlet of Bay Shore, in the County ) of Suffolk, in the State of New York, ) File #: 2017-778/B from YAN PING XU. ) ----------------------~----------------- Petitioner, Raymond E. Van Zwienen, is the executor of decedent's estate, letters testamentary having issued to him on December 1, 2017, and the successor trustee of the William H. Van Zwienen Revocable Trust. Pe ti ti oner seeks an order: ( 1) awarding him, as successor trustee of the William H. Van Zwienen Revocable Trust, possession of the real property, located at 12 Mallar Avenue, in the Hamlet of Bay Shore, in the County of Suffolk, in the State of New York (District 0500, Section 395.00, Block 02.00, Lot 044.000); (2) directing respondent, Yan Ping Xu, to vacate the said real property forthwith, and issuing a war~ant for her removal from possession of the real property; ( 3) awarding judgment against Yan Ping Xu for the fair value of her use and occupancy of the said real property, including interest, from March 30, 2017 to the date petitioner, as successor trustee, is given exclusive possession of the property; and (4) awarding petitioner costs associated with this proceeding. Jurisdiction has been obtained over all persons 1.isted on the ·. petition as. ne.cessary .parties. Respondent was· dtily ser-ved, and has · requested numerous adjournments.·. Dltimately, the ·undersigned marked the matter final for February 6, 2018, ·at which time respondent neither appeared nor submitted any pleading. in opposition to the requested relief. This court may properly decide a proceeding for ejectment brought by a fiduciary of an estate (see, Matter of Piccione'.s Estate, 57 NY2d 278). As respondent has defaulted, the allegations in the petition are deemed due proof of the facts asserted therein (SCPA 509) . F~om the papers-submitted, it appears that respondent Yan Ping Xu, has remained in possession of the real property at issue past March 64 FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023 I Decision Page 2 Estate of William H. Van Zwienen, Deceased. 29, 2017, in violation of the terms of the William H. Van Zwienen Revocable Trust, as amended. Upon this record and in the absence of opposition, the court finds that petitioner, as executor of this estate and successor trustee of the William H. Van Zwienen Revocable Trust, is entitled to possession of the subject premises located at 12 Mallar Avenue, Bay Shore, New York. Accordingly~ it is ORDERED, that petitioner is entitled to the possession of the premises located at 12 Mallar Avenue, Bay Shore, New York; and it is further ORDERED, that respondent is hereby directed to vacate the premises located at 12 Mallar Avenue, Bay Shore, New York within ten (10) days of the date of being served with a true copy of this order; and it is further ORDERED, that upon the failure of respondent to vacate said premises within the time prescribed, petitioner may make an application for a transcript of this Decision and Order which may be docketed with the Clerk of Suffolk County; it is further ORDERED, that upon being presented with a certified copy of this order and the transcript thereof, the Sheriff of the County of Suffolk shall be and is hereby immediately required to enter upon the premises located at 12 Mallar Avenue, Bay Shore, New York and eject therefrom Yan Ping Xu and every person holding same or any part thereof under her adversely to the estate of William H. Van Zwienen and to put petitioner into possession of said premises; and it is further ORDERED, that petitioner's additional requests for relief are denied without prejudice, as the record is devoid of the necessary proof. FILED SURROGATE'S COURT SUFFOLK COUNTY FEB 16Z018 MICHAEL CIPOLLINO CHIEF CLERK 65 FILED: SUFFOLK COUNTY CLERK 05/30/2023 11:59 PM INDEX NO. 206004/2022 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 05/30/2023 Decision Page 3 ·Estate of William H. Van Zwienen, Deceased. McCoyd,. Parkas & Ronan LLP Attorneys for Petitioner 1100 Franklin Av.enue The Penthouse Garden City, NY 11530 Yan Ping Xu Respondent 12 Mallar Avenue Bay-Shore~ NY 11706 66