Document for Sharyn Liddie as attorney-in-fact for LaVerna Kenney v. Wilson Kenney individually and as attorney-in-fact for LaVerna Kenney

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                                FILED: NEW YORK COUNTY CLERK 03/06/2024 03:04 PM         INDEX NO. 152036/2024
NYSCEF DOC. NO. 10                                 RECEIVED NYSCEF: 03/06/2024




                     EXHIBIT 9
FILED: NEW YORK COUNTY CLERK 03/06/2024 03:04 PM                                                        INDEX NO. 152036/2024
NYSCEF DOC. NO. 10                                                                             RECEIVED NYSCEF: 03/06/2024




          Bret Cahn
          Counsel

          Direct Dial: 646.237.1809                                                           622 Third Avenue
          Direct Fax: 646.329.1988                                                            Suite 37200
          bcahn@farrellfritz.com                                                              New York, NY 10017
                                                                                              www.farrellfritz.com

                                                                             August 31, 2023
          Wilson C. Kenney, Jr.
          392 Central Park West Apt. 8E
          New York, New York 10025

          Re:     LaVerna Kenney

          Dear Mr. Kenney:

                 We represent Sharyn Liddie (“Sharyn”) in her capacity as co-attorney-in-fact for LaVerna
          Kenney (“LaVerna”). LaVerna’s August 9, 2014 Power of Attorney appointed you and Sharyn as
          Laverna’s co-agents. Pursuant to General Obligations Law § 5-1505(2)(a)(3)(ii), Sharyn, in her
          capacity as co-attorney-in-fact for LaVerna, requests:

                       1. All records1 of receipts, disbursements, and transactions entered into by you on
                          behalf of LaVerna since January 1, 2021, including the identity of all accounts
                          related to those disbursements and transactions.

                       2. All Documents2 concerning any bank, brokerage, or retirement account in
                          LaVerna’s name, or for the benefit of LaVerna, including, without limitation, all
                          statements concerning the same, two-sided images of all checks drawn on such
                          accounts, and deposit or withdrawal slips concerning such accounts since
                          January 1, 2021.

                       3. All Documents concerning any safe deposit boxes maintained or utilized by
                          LaVerna.

                       4. All Documents concerning LaVerna’s real property, including expenses, rent
                          payments, and carrying costs since January 1, 2021.


          1 “Records” as used in this request and all requests in this letter shall be construed broadly to include
          bank or brokerage firm statements, canceled checks (front and back), wire order instructions or
          confirmations, deposit slips, withdrawal slips, and transfer requests or confirmations.

          2 “Document(s)” means, without limitation, any and all original writings and other forms of tangible matter,
          however produced or reproduced, which records information in any way, and all non-identical copies
          thereof. The preceding definition includes, but is not limited to, “Records,” as defined above in footnote 1,
          and computer storage media from which information can be retrieved and thereby placed into a
          reasonably usable form, including but not limited to e-mails and computer disks. In all cases where
          originals and/or non-identical copies are unavailable, “Document(s)” also means identical copies of
          original documents and non-identical copies.



                                      ALBANY | HAUPPAUGE | UNIONDALE | WATER MILL
FILED: NEW YORK COUNTY CLERK 03/06/2024 03:04 PM                                                                                                                       INDEX NO. 152036/2024
NYSCEF DOC. NO. 10                                                                                                                                      RECEIVED NYSCEF: 03/06/2024




         Page      2




                            5.     All   accounts       created        by   you     on     behalf      of LaVerna              since      August             9, 2014.


                       Please       be     advised        that    Sharyn          reserves            the      right      to     request               further         Records          and
         Documents.


                       We   expect        production        of these        items        within      fifteen       days        pursuant           to     General         Obligations
         Law     § 5-1505(2)(a)(3)(ii).                Failure    to    provide          the      requested         documents              will        leave      Sharyn         with    no
         alternative     but to commence                    a special        proceeding               under        General         Obligations                   Law     § 5-1510         to
         protect       LaVerna's         interests.




                                                                                                      Sincerely,




                                                                                                      Bret     Cahn