In re Eshagian

OPINION OF THE COURT

Peter J. Kelly, S.

In this SCPA 2103 proceeding seeking discovery and turnover of assets of decedent’s estate, respondent David Eshaghian (hereinafter David) moves for an order staying the proceeding (CPLR 2201) and for a protective order (CPLR 3103) denying the demand by petitioners, Mahrokh Eshagian and Tanaz Eshagian (hereinafter Mahrokh and Tanaz), for discovery and inspection.

As far as is pertinent, the facts in this long running dispute are as follows: The decedent and his brother David Eshaghian were engaged in, among other things, owning and managing real estate…