In re Azzinaro

In a turnover proceeding pursuant to Mental Hygiene Law former § 81.44, Barbara Helkowski appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated October 3, 2002, which, inter alia, imposed a constructive trust.

Ordered that the order is affirmed, with costs.

The Supreme Court properly imposed a constructive trust as to the assets in question. Generally, before granting the equitable remedy of a constructive trust, four elements must be established: (1) a confidential or fiduciary relationship, (2) a promise, express or implied, (3) a transfer in reliance thereon, and…