Salvation Army v. Ferrara

OPINION OF THE COURT

Alfred J. Weiner, J.

Petitioner commenced this proceeding pursuant to SCPA 2103 seeking the turnover of property of the decedent. Petitioner is the administrator c.t.a. and sole beneficiary of decedent’s estate *945pursuant to a last will dated June 10, 1999 and codicil dated August 16, 1999 which have been admitted to probate. Respondent Dominick Ferrara is the decedent’s nephew.

Prior to decedent’s death on February 12, 2000, this respondent, as attorney in fact, transferred decedent’s assets in the approximate sum of $820,000 to himself as gifts from his uncle pursuant to a…