On December 31, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Janet Kelly
Deceased, By James Kelly, As Proposed Executor Of Her Estate,,
and
Seniorcare Emergency Medical Services,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
PROBATE PROCEEDING OF,
AFFIRMATION OF
Estate of JANET KELLY, URGENCY
Deceased. File No.:
X
TO THE SURROGATE OF THE COUNTY OF QUEENS:
CARLA A. PINTO, an attorney duly admit'cd to practice law in the Court of the State of
New York, affirms the following under the penalties of perjury:
1. I am an associate of the firm of Salenger, Sack, Kimm.el & Bavaro, LLP, attorneys for
the Estate of Janet Kelly. I am fully f--iliar with the facts and circumstances, plcadings
and proceedings herein.
2. I make this affimatian in support of the urgent application of James to be
Kelly
appointed executor of the Estate of Janet Kelly.
3. Our firm represents the Estate of the decedent, Janet Kelly. It is our belief that a
meritorious cause of action exists with regards to the pain and suffering and wrongful
death of the decedent. Janet Kelly presented to LIJ Hospital Emergency Department on
December 11, 2018 with various medical complaints. She was then transferred to
Lutheran Calvary Hospital on January 2, 2019, where she passed away that same day.
4. A delay has occurred in the filing of the Estate due to the late discovery of an existing
Will.
5. An investigation then ensued regarding her passing.
6. Due to the time constraints in the statute of 'i-itations to bring forth a cause of action
on behalf of Janet Kelly a Summons & Complaint was filed as "Proposed Execute?'.
FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021
7. Our firm requests that the appoin±=t of James Kelly as executor and the granting of
the Letters Testamentary in the Estate of Janet Kelly be expedited.
it is respectfully requested that this appE=†inn be approved in all respects.
WHEREFORE,
Dated: Woodbury, New York
February 19, 2021
CARLA A. PINTO
FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------X
PROBATE PROCEEDING OF,
AFFIRMATION OF
Estate of JANET KELLY, URGENCY
Deceased. File No.: 2021-780
---------------------------------- --------------------------------X
TO THE SURROGATE OF THE COUNTY OF QUEENS:
CARLA A. PINTO, an attorney duly admitted to practice law in the Court of the State of
New York, affirms the following under the penalties of perjury:
1. I am an associate of the firm of Salenger, Sack, Kimmel & Bavaro, LLP, attorneys for
the Estate of Janet Kelly. I am fully familiar with the facts and circumstances, pleadings
and proceedings herein.
2. I make this affirmation in support of the urgent application of James Kelly to be
appointed executor of the Estate of Janet Kelly.
3. Our firm represents the Estate of the decedent, Janet Kelly. It is our belief that a
meritorious cause of action exists with regards to the pain and suffering and wrongful
death of the decedent. Janet Kelly presented to LIJ Hospital Emergency Department on
December 11, 2018 with various medical complaints. She was then transferred to
Lutheran Calvary Hospital on January 2, 2019, where she passed away that same day.
4. A delay has occurred in the filing of the Estate due to the late discovery of an existing
Will.
5. An investigation then ensued regarding her passing.
6. Due to the time constraints in the statute of limitations to bring forth a cause of action
on behalf of Janet Kelly a Summons & Complaint was filed as "Proposed Executor".
FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021
7. A petition for probate was then filed on February 22, 2021. On April 24, 2021 upon the
review of the Surrogate's Court additional documentation was requested requiring
witness affidavits along with certified copies of the will.
8. Our firm then requested the court certified copies of the will and served them upon the
proper parties.
9. Our firm requests that the appointment of James Kelly as executor and the granting of
the Letters Testamentary in the Estate of Janet Kelly be expedited.
WHEREFORE, it is respectfully requested that this application be approved in all respects.
Dated: Woodbury, New York
July 1, 2021
C, RLA A. PINTO
Document Filed Date
September 27, 2021
Case Filing Date
December 31, 2020
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021 SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X PROBATE PROCEEDING OF, AFFIRMATION OF Estate of JANET KELLY, URGENCY Deceased. File No.: X TO THE SURROGATE OF THE COUNTY OF QUEENS: CARLA A. PINTO, an attorney duly admit'cd to practice law in the Court of the State of New York, affirms the following under the penalties of perjury: 1. I am an associate of the firm of Salenger, Sack, Kimm.el & Bavaro, LLP, attorneys for the Estate of Janet Kelly. I am fully f--iliar with the facts and circumstances, plcadings and proceedings herein. 2. I make this affimatian in support of the urgent application of James to be Kelly appointed executor of the Estate of Janet Kelly. 3. Our firm represents the Estate of the decedent, Janet Kelly. It is our belief that a meritorious cause of action exists with regards to the pain and suffering and wrongful death of the decedent. Janet Kelly presented to LIJ Hospital Emergency Department on December 11, 2018 with various medical complaints. She was then transferred to Lutheran Calvary Hospital on January 2, 2019, where she passed away that same day. 4. A delay has occurred in the filing of the Estate due to the late discovery of an existing Will. 5. An investigation then ensued regarding her passing. 6. Due to the time constraints in the statute of 'i-itations to bring forth a cause of action on behalf of Janet Kelly a Summons & Complaint was filed as "Proposed Execute?'. FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021 7. Our firm requests that the appoin±=t of James Kelly as executor and the granting of the Letters Testamentary in the Estate of Janet Kelly be expedited. it is respectfully requested that this appE=†inn be approved in all respects. WHEREFORE, Dated: Woodbury, New York February 19, 2021 CARLA A. PINTO FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021 SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------X PROBATE PROCEEDING OF, AFFIRMATION OF Estate of JANET KELLY, URGENCY Deceased. File No.: 2021-780 ---------------------------------- --------------------------------X TO THE SURROGATE OF THE COUNTY OF QUEENS: CARLA A. PINTO, an attorney duly admitted to practice law in the Court of the State of New York, affirms the following under the penalties of perjury: 1. I am an associate of the firm of Salenger, Sack, Kimmel & Bavaro, LLP, attorneys for the Estate of Janet Kelly. I am fully familiar with the facts and circumstances, pleadings and proceedings herein. 2. I make this affirmation in support of the urgent application of James Kelly to be appointed executor of the Estate of Janet Kelly. 3. Our firm represents the Estate of the decedent, Janet Kelly. It is our belief that a meritorious cause of action exists with regards to the pain and suffering and wrongful death of the decedent. Janet Kelly presented to LIJ Hospital Emergency Department on December 11, 2018 with various medical complaints. She was then transferred to Lutheran Calvary Hospital on January 2, 2019, where she passed away that same day. 4. A delay has occurred in the filing of the Estate due to the late discovery of an existing Will. 5. An investigation then ensued regarding her passing. 6. Due to the time constraints in the statute of limitations to bring forth a cause of action on behalf of Janet Kelly a Summons & Complaint was filed as "Proposed Executor". FILED: BRONX COUNTY CLERK 09/27/2021 02:52 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/27/2021 7. A petition for probate was then filed on February 22, 2021. On April 24, 2021 upon the review of the Surrogate's Court additional documentation was requested requiring witness affidavits along with certified copies of the will. 8. Our firm then requested the court certified copies of the will and served them upon the proper parties. 9. Our firm requests that the appointment of James Kelly as executor and the granting of the Letters Testamentary in the Estate of Janet Kelly be expedited. WHEREFORE, it is respectfully requested that this application be approved in all respects. Dated: Woodbury, New York July 1, 2021 C, RLA A. PINTO