Legal Opinion

In re the Estate of Lupoli

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 2000PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J. P.

The essential question in this case is whether the Surrogate’s Court has the power to punish a person for contempt of court based on that person’s disobedience of an information subpoena. The information subpoena at issue consists of a series of questions addressed to a witness concerning that witness’s knowledge of the assets held by a beneficiary and former de facto executor of the estate, against whom the Surrogate has entered a money judgment. Relying on certain statutes in SCPA article 6 and CPLR article 52, the Surrogate held that he did not have…

2Cases cited7 opinions

  1. In re the Estate of PiccioneNew York Court of Appeals · 1982
  2. Commissioner of Labor v. HinmanAppellate Division of the Supreme Court of the State of New York · 1984
  3. In re the Estate of DrimmerAppellate Division of the Supreme Court of the State of New York · 1983
  4. In re the Estate of PiccioneAppellate Division of the Supreme Court of the State of New York · 1981
  5. Metropolitan Life Insurance v. YoungCivil Court of the City of New York · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Dandomar Co. v. Town of Pleasant Valley Town BoardAppellate Division of the Supreme Court of the State of New York · 2011
  2. State ex rel. Harkavy v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. Avilas, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Estate of ElderenboschAppellate Division of the Supreme Court of the State of New York · 2004
  5. Buckeye Retirement Co. v. QuattrocchiAppellate Division of the Supreme Court of the State of New York · 2007

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API