Preview
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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MARIANNE RICCELLI,
Petitioner,
NOTICE OF PETITION
-against-
Index Number:
LOUIS RICCELLI, MARGARET RICCELLI-
BRUNNER and AURORA RICCELLI,
Respondents.
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PLEASE TAKE NOTICE that upon the Verified Petition, dated June 4, 2024, the
annexed, as well as the exhibits attached thereto, and upon the pleadings and proceedings in this
action, Petitioner MARIANNE RICCELLI will move this court, on the 23rd day of July, 2024, at
the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601,
in the Guardianship Part of said court before Hon. Robert M. DiBella, in Courtroom 1402, at
2:00 p.m., or as soon thereafter as counsel may be heard, for a Judgment and Order pursuant to
General Obligations Law § 5-1510(1), (2)(a)-(h), (3) and (4) and General Obligations Law §
5-1505, the equitable powers of this court, and related statutes:
a) Revoking any Power of Attorney the Respondents LOUIS
RICCELLI and MARGARET RICCELLI have over AURORA
RICCELLI;
b) Enjoining Respondents LOUIS RICCELLI and MARGARET
RICCELLI from acting as agents under any such Power of Attorney for
AURORA RICCELLI during the pendency of these proceedings;
c) Determining the scope and validity of any Power of Attorney
Respondents LOUIS RICCELLI and MARGARET RICCELLI have from
AURORA RICCELLI, and modifying or limiting same accordingly;
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FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024
d) Compelling Respondents LOUIS RICCELLI and MARGARET
RICCELLI to reimburse and/or return any assets, monies or property to
AURORA RICCELLI that the court deems were improperly procured or
obtained by Respondents LOUIS RICCELLI and MARGARET
RICCELLI from AURORA RICCELLI pursuant to any such Power of
Attorney;
e) Compelling Respondents LOUIS RICCELLI and MARGARET
RICCELLI to provide an accurate accounting and a record of all receipts,
disbursements, and transactions entered into by the said Respondents
pursuant to any such Power of Attorney for AURORA RICCELLI;
f) Providing temporary and preliminary injunctive relief, during the
pendency of this special proceeding, and thereby enjoining Respondents
LOUIS RICCELLI and MARGARET RICCELLI from acting as agents
under any such Power of Attorney for AURORA RICCELLI;
g) Directing the parties or any legal Guardian to take any and all
reasonable steps to preserve and protect AURORA RICCELLI’s assets and
pay her bills during the pendency of this action;
h) Consolidating this proceeding for the purposes of discovery
proceedings and trial with the action brought pursuant to Article 81 of the
Mental Hygiene Law, titled: In the Matter of an Application for the
Appointment of a Guardian by: MARIANNE RICCELLI (For: AURORA
RICCELLI), Westchester County Supreme Court Index Number
31046/2024; and
i) Granting such other and further and additional relief this Court
deems just, proper and equitable.
PLEASE TAKE FURTHER NOTICE that the Petitioner designates Westchester
County as the place of trial. The basis of the venue of this proceeding is the residence of all
parties in Westchester County.
PLEASE TAKE FURTHER NOTICE that this special proceeding is brought pursuant
to CPLR Article 4. The Petitioner has standing to bring this proceeding pursuant to General
Obligations Law § 5-1510(3), as the Petitioner MARIANNE RICCELLI is an adult child of the
principal, Aurora Riccelli.
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FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering
papers if any must be served upon the undersigned at least seven (7) days prior to the return date
of this motion.
Dated: June 4, 2024
Yonkers, New York
THE LAW OFFICES OF JOSEPH A. MARRA, PLLC
______________________________________
By: JOSEPH A. MARRA, ESQ.
Attorneys for Petitioner
909 Midland Avenue, 2nd Floor
Yonkers, New York 10704
Phone: (914) 964-6806
marralaw@marralaw.com
TO: LOUIS RICCELLI
23 Nicholas Way
Mahopac, NY 10541
MARGARET RICCELLI-BRUNNER
291 Union Valley Road
Mahopac, NY 10541
AURORA RICCELLI
c/o The Bristal Assisting Living
90 Business Park Drive, Room 306
Armon, New York 10504
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Preview
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------------------------------X MARIANNE RICCELLI, Petitioner, NOTICE OF PETITION -against- Index Number: LOUIS RICCELLI, MARGARET RICCELLI- BRUNNER and AURORA RICCELLI, Respondents. -----------------------------------------------------------------------X PLEASE TAKE NOTICE that upon the Verified Petition, dated June 4, 2024, the annexed, as well as the exhibits attached thereto, and upon the pleadings and proceedings in this action, Petitioner MARIANNE RICCELLI will move this court, on the 23rd day of July, 2024, at the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601, in the Guardianship Part of said court before Hon. Robert M. DiBella, in Courtroom 1402, at 2:00 p.m., or as soon thereafter as counsel may be heard, for a Judgment and Order pursuant to General Obligations Law § 5-1510(1), (2)(a)-(h), (3) and (4) and General Obligations Law § 5-1505, the equitable powers of this court, and related statutes: a) Revoking any Power of Attorney the Respondents LOUIS RICCELLI and MARGARET RICCELLI have over AURORA RICCELLI; b) Enjoining Respondents LOUIS RICCELLI and MARGARET RICCELLI from acting as agents under any such Power of Attorney for AURORA RICCELLI during the pendency of these proceedings; c) Determining the scope and validity of any Power of Attorney Respondents LOUIS RICCELLI and MARGARET RICCELLI have from AURORA RICCELLI, and modifying or limiting same accordingly; 1 of 3 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024 d) Compelling Respondents LOUIS RICCELLI and MARGARET RICCELLI to reimburse and/or return any assets, monies or property to AURORA RICCELLI that the court deems were improperly procured or obtained by Respondents LOUIS RICCELLI and MARGARET RICCELLI from AURORA RICCELLI pursuant to any such Power of Attorney; e) Compelling Respondents LOUIS RICCELLI and MARGARET RICCELLI to provide an accurate accounting and a record of all receipts, disbursements, and transactions entered into by the said Respondents pursuant to any such Power of Attorney for AURORA RICCELLI; f) Providing temporary and preliminary injunctive relief, during the pendency of this special proceeding, and thereby enjoining Respondents LOUIS RICCELLI and MARGARET RICCELLI from acting as agents under any such Power of Attorney for AURORA RICCELLI; g) Directing the parties or any legal Guardian to take any and all reasonable steps to preserve and protect AURORA RICCELLI’s assets and pay her bills during the pendency of this action; h) Consolidating this proceeding for the purposes of discovery proceedings and trial with the action brought pursuant to Article 81 of the Mental Hygiene Law, titled: In the Matter of an Application for the Appointment of a Guardian by: MARIANNE RICCELLI (For: AURORA RICCELLI), Westchester County Supreme Court Index Number 31046/2024; and i) Granting such other and further and additional relief this Court deems just, proper and equitable. PLEASE TAKE FURTHER NOTICE that the Petitioner designates Westchester County as the place of trial. The basis of the venue of this proceeding is the residence of all parties in Westchester County. PLEASE TAKE FURTHER NOTICE that this special proceeding is brought pursuant to CPLR Article 4. The Petitioner has standing to bring this proceeding pursuant to General Obligations Law § 5-1510(3), as the Petitioner MARIANNE RICCELLI is an adult child of the principal, Aurora Riccelli. 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 11:58 AM INDEX NO. 64095/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2024 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers if any must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: June 4, 2024 Yonkers, New York THE LAW OFFICES OF JOSEPH A. MARRA, PLLC ______________________________________ By: JOSEPH A. MARRA, ESQ. Attorneys for Petitioner 909 Midland Avenue, 2nd Floor Yonkers, New York 10704 Phone: (914) 964-6806 marralaw@marralaw.com TO: LOUIS RICCELLI 23 Nicholas Way Mahopac, NY 10541 MARGARET RICCELLI-BRUNNER 291 Union Valley Road Mahopac, NY 10541 AURORA RICCELLI c/o The Bristal Assisting Living 90 Business Park Drive, Room 306 Armon, New York 10504 3 3 of 3