Preview
FILED: WESTCHESTER COUNTY CLERK 01/04/2024 05:17 PM INDEX NO. 64818/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/04/2024
The Law Offices of
Joseph A. Marra, PLLC
ATTORNEYS-AT- LAW
JOSEPH A. MARRA * 909 MIDLAND AVENUE OF COUNSEL
VINCENT P. FIORE YONKERS, NEW YORK 10704 JENNIFER L. FREDEMAN
(914) 964-6806
FAX: (914) 964-0137
* ADMITTED IN NY AND NJ e-mail: marralaw@marralaw.com
ADMITTED IN NY website: www.marralaw.com
January 4, 2024
VIA EMAIL (zerillirobert@yahoo.com)
and REGULAR MAIL
Robert F. Zerilli, Esq.
55 Main Street
Yonkers, NY 10701
Re: Estate of Denis G. Murphy
Date of Death: March 25, 2020
Supreme Court File Numbers:
64818/2023 and 61147/2022
Surrogate Court File Number: 2020-2045
Dear Mr. Zerilli:
I hope you enjoyed the holidays and the new year is off to a great start for you. I am sending this letter to follow-
up regarding the conference held in Supreme Court on November 15, 2023 with respect to the ejectment action
and the Order to Show Cause filed by our office.
Our office obtained the transcript of the November 15, 2023 proceeding and prepared a proposed Order with
Notice of Settlement, which has been electronically filed via NYSCEF and served on you.
Judge Giacomo signed the Order on January 4, 2024, and a Notice of Entry was filed electronically by our
office on the same date. The Order sets forth the required actions of your client as directed in the November 15,
2023 conference, as follows:
1. Your client, Marta Murphy must pay Seven Hundred and Fifty ($750.00) Dollars to the estate on a
monthly basis (payments to be sent to our office) as partial reasonable use and occupancy commencing
in November 2023; and
2. Marta Murphy must “cooperate in signing documents, accepting service of documents” and do
“whatever needs to be done to get the Irish properties sold.”
As of the writing of this letter, Marta Murphy has failed to tender the reasonable use and occupancy
payments for November 2023, December 2023, and January 2024 as directed by the Court.
FILED: WESTCHESTER COUNTY CLERK 01/04/2024 05:17 PM INDEX NO. 64818/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/04/2024
The Law Offices of Joseph A. Marra, PLLC January 4, 2024
Re: Estate of Denis G. Murphy Page 2
Furthermore, Marta Murphy is in violation of the second part of the Court’s Order because she failed to sign the
documents necessary to move forward with the sales of the properties in Ireland, most importantly the Deed of
Renunciation. The Deed of Renunciation, along with other requested information regarding the matter in Ireland,
was provided to you on November 16, 2023. As a result of Marta Murphy’s failure to cooperate with the Court
Order, the estate has been forced to expend thousands of additional dollars in legal fees both in the United States
and in Ireland, process server fees, property management fees, and taxes for the properties in Ireland. In addition,
the Estate may lose two ready, willing, and able buyers who are willing to pay all cash and above the asking price
for both properties in Ireland.
If we do not receive the partial reasonable use and occupancy payments for the months of November 2023,
December 2023, and January 2024, within thirty (30) days or by February 5, 2024, we will be making a
motion to hold Marta Murphy in Contempt. We hope that this will not be necessary.
In the November 16, 2023 letter, I provided the information that this firm had in our possession regarding the
Teacher’s Retirement System pension, so that your client could submit the necessary documents to obtain same.
We have not been informed of any updates with respect to the collection of that pension benefit.
As you know, we are directed to appear in person on January 29, 2024 at 10:00 a.m. to update the Court on what
has transpired during the time period from November 15, 2023 to January 29, 2024.
We look forward to hearing from you and receiving the court mandated payments from your client.
Very truly yours,
Jennifer L. Fredeman
Jennifer L. Fredeman, Esq.
Of Counsel to The Law Offices of Joseph A. Marra, PLLC
JAM:jf
Enc.
cc: Ms. Jo Ann Healy
Ms. Ciara Murphy
Preview
FILED: WESTCHESTER COUNTY CLERK 01/04/2024 05:17 PM INDEX NO. 64818/2023 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/04/2024 The Law Offices of Joseph A. Marra, PLLC ATTORNEYS-AT- LAW JOSEPH A. MARRA * 909 MIDLAND AVENUE OF COUNSEL VINCENT P. FIORE YONKERS, NEW YORK 10704 JENNIFER L. FREDEMAN (914) 964-6806 FAX: (914) 964-0137 * ADMITTED IN NY AND NJ e-mail: marralaw@marralaw.com ADMITTED IN NY website: www.marralaw.com January 4, 2024 VIA EMAIL (zerillirobert@yahoo.com) and REGULAR MAIL Robert F. Zerilli, Esq. 55 Main Street Yonkers, NY 10701 Re: Estate of Denis G. Murphy Date of Death: March 25, 2020 Supreme Court File Numbers: 64818/2023 and 61147/2022 Surrogate Court File Number: 2020-2045 Dear Mr. Zerilli: I hope you enjoyed the holidays and the new year is off to a great start for you. I am sending this letter to follow- up regarding the conference held in Supreme Court on November 15, 2023 with respect to the ejectment action and the Order to Show Cause filed by our office. Our office obtained the transcript of the November 15, 2023 proceeding and prepared a proposed Order with Notice of Settlement, which has been electronically filed via NYSCEF and served on you. Judge Giacomo signed the Order on January 4, 2024, and a Notice of Entry was filed electronically by our office on the same date. The Order sets forth the required actions of your client as directed in the November 15, 2023 conference, as follows: 1. Your client, Marta Murphy must pay Seven Hundred and Fifty ($750.00) Dollars to the estate on a monthly basis (payments to be sent to our office) as partial reasonable use and occupancy commencing in November 2023; and 2. Marta Murphy must “cooperate in signing documents, accepting service of documents” and do “whatever needs to be done to get the Irish properties sold.” As of the writing of this letter, Marta Murphy has failed to tender the reasonable use and occupancy payments for November 2023, December 2023, and January 2024 as directed by the Court. FILED: WESTCHESTER COUNTY CLERK 01/04/2024 05:17 PM INDEX NO. 64818/2023 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 01/04/2024 The Law Offices of Joseph A. Marra, PLLC January 4, 2024 Re: Estate of Denis G. Murphy Page 2 Furthermore, Marta Murphy is in violation of the second part of the Court’s Order because she failed to sign the documents necessary to move forward with the sales of the properties in Ireland, most importantly the Deed of Renunciation. The Deed of Renunciation, along with other requested information regarding the matter in Ireland, was provided to you on November 16, 2023. As a result of Marta Murphy’s failure to cooperate with the Court Order, the estate has been forced to expend thousands of additional dollars in legal fees both in the United States and in Ireland, process server fees, property management fees, and taxes for the properties in Ireland. In addition, the Estate may lose two ready, willing, and able buyers who are willing to pay all cash and above the asking price for both properties in Ireland. If we do not receive the partial reasonable use and occupancy payments for the months of November 2023, December 2023, and January 2024, within thirty (30) days or by February 5, 2024, we will be making a motion to hold Marta Murphy in Contempt. We hope that this will not be necessary. In the November 16, 2023 letter, I provided the information that this firm had in our possession regarding the Teacher’s Retirement System pension, so that your client could submit the necessary documents to obtain same. We have not been informed of any updates with respect to the collection of that pension benefit. As you know, we are directed to appear in person on January 29, 2024 at 10:00 a.m. to update the Court on what has transpired during the time period from November 15, 2023 to January 29, 2024. We look forward to hearing from you and receiving the court mandated payments from your client. Very truly yours, Jennifer L. Fredeman Jennifer L. Fredeman, Esq. Of Counsel to The Law Offices of Joseph A. Marra, PLLC JAM:jf Enc. cc: Ms. Jo Ann Healy Ms. Ciara Murphy