Chlopecki v. Chlopecki

Appeal from an order of the Supreme Court (Ferradino, J.), entered November 28, 2001 in Saratoga County, which denied petitioner’s application pursuant to CPLR 5228 for the appointment of a receiver.

Respondent Kenneth Chlopecki (hereinafter respondent) is the father of petitioners Kristin Chlopecki and David Chlopecki, who are the beneficiaries of a testamentary trust established by their mother, Holly Chlopecki (hereafter decedent), who died in January 1999. Petitioner David Krogmann is the executor of decedent’s estate and trustee of the underlying trust. Before decedent’s death, she…