SURROGATES COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________x
In the Matter of the Estate of
Ruth V. Cardoso,
Deceased
FILE
NO. 2546/2002
NOTICE
OF APPEAL
__________________________________________x
NOTICE IS HEREBY GIVEN that the undersigned hereby Appeals to the
Supreme Court, Appellate Division, First Department located at 27
Madison Avenue, New York NY 10010 from all parts of the Decisions and
Orders of Judge Kristin Boothe Glen of the Miscellaneous Department of
the Surrogates Court dated March 13, 2008 which denied the motion of
Paul C. Benko for Summary Judgment and granted Summary Judgment in
favor of Citibank and from all parts of the order dated June 3, 2008
and filed June 9, 2008 which denied the motion of Paul C. Benko for
reargument.
Yours,
etc.
_________________________
Paul
C. Benko
Copy to:
Barry R. Glickman
Zeichner, Ellman & Kraus LLP
575 Lexington Avenue
New York NY 10022
John Reddy
The Law Firm of Bekerman & Reddy
85 Worth Street
New York NY 10013
SURROGATES COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________x
In the Matter of the Estate of
Ruth V. Cardoso,
Deceased
FILE
NO. 2546/2002
AFFIDAVIT OF SERVICE
__________________________________________x
Kayo Kimura, being duly sworn, deposes and says that she is over 18
years of age and is not a party to this action and on the 12th day of
June, 2008 she served the within Notice of Appeal by depositing a true
copy of the same in a mail box under the exclusive care of the United
States Postal Service in a securely sealed envelope addressed to:
Barry R. Glickman
Zeichner, Ellman & Kraus LLP
575 Lexington Avenue
New York NY 10022
John Reddy
The Law Firm of Bekerman & Reddy
85 Worth Street
New York NY 10013
______________________
Kayo
Kimura
Sworn to before me this 12th
Day of June, 2008
____________________________
Notary Public
SURROGATES COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________x
In the Matter of the Estate of
Ruth V. Cardoso,
Deceased
FILE
NO. 2546/2002
PRE-ARGUMENT STATEMENT
__________________________________________x
1. Title of Action: In Re: Ruth V. Cardoso
2. Parties: Paul C. Benko, Administrator
Respondents: Citibank
Public Administrator of New
York
John Reddy
3. Petitioner Pro Se: Paul
C. Benko
204
Passaic Ave.
Belleville, NJ 07109-1917
973-751-0614
Counsel for Respondents:
Barry R. Glickman
Zeichner, Ellman & Kraus LLP
Counsel for Citibank
575 Lexington Avenue
New York NY 10022
John Reddy
The Law Firm of Bekerman & Reddy
Counsel for NY Public Administrator
85 Worth Street
New York NY 10013
5. Appeal from the Miscellaneous Division of the Probate Department
6. Proceeding to require turn-over of the assets of the deceased held
by Citibank.
7. Summary Judgment Granted in favor of Citibank and motion for
reargument denied.
8. Deceased at the time of her death in 2000 had approximately $61,000
in her account with Citibank New York. Citibank wrongfully ignored her
will filed with the NY Probate Court and also ignored four legal
notices published in the New York Law Journal and instead sent the
money to an unknown person in Brazil. Petitioner seeks return of the
money wrongfully distributed in Brazil to the wrong person.
|
