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Christopher Smith, Michael Smith As Trustees, Of The Jay And Patricia Smith Irrevocable Trust v. Theodore P. Smith Income Only Irrevocable Trust, Smith J Anna AS TRUSTEE, Smith Jane Anna AS EXECUTOR, Estate Of Theodore P Smith BY EXECUTOR

A Special Proceedings - Other (Rpapl Section 901 Et Al) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Herkimer County, NY. Judge John H Crandall presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

April 27, 2021

Last Refreshed

October 12, 2023

Filing Location

Herkimer County, NY

Judge

Hon. John H Crandall   

Category

Special Proceedings - Other (RPAPL Section 901 et al)

Status

Active

Parties

Plaintiffs

Christopher Smith
Michael Smith As Trustees
Of The Jay And Patricia Smith Irrevocable Trust

Attorneys for Plaintiffs

Cope, Kevin George
Kokkoris, Nolan Thomas
Pautz, Daniel John
Smith, Brody David

Defendants

Estate Of Theodore P Smith By Executor
Smith Jane Anna As Executor
Smith J Anna As Trustee
Theodore P. Smith Income Only Irrevocable Trust

Attorneys for Defendants

Callahan, Janet D.
Frankel, Richard A.
Lagios, James Peter
Smith, Anna Jane

Other Parties

Anna Jane Smith As Executor Of The Estate Of Theodore P. Smith (Non Party)
Smith, Anna Jane (Attorney)

Case Documents

EXHIBIT(S) - C

Date: Aug 30, 2023

EXHIBIT(S) - A

Date: Aug 30, 2023

EXHIBIT(S) - B

Date: Aug 30, 2023

EXHIBIT(S) - D

Date: Aug 30, 2023

COURT NOTICE

Date: Aug 25, 2023

NOTICE OF CROSS-MOTION

Date: Aug 23, 2023

ORDER TO SHOW CAUSE

Date: Aug 15, 2023

AFFIDAVIT

Date: Aug 10, 2023

AFFIRMATION

Date: Aug 10, 2023

EXHIBIT(S) - C

Date: Aug 10, 2023

EXHIBIT(S) - B

Date: Aug 10, 2023

BOND/UNDERTAKING

Date: Jul 07, 2023

NOTICE OF ENTRY

Date: Jul 05, 2023

NOTICE OF ENTRY

Date: Oct 18, 2022

ORDER - OTHER

Date: Oct 18, 2022

NOTICE OF ENTRY

Date: Sep 21, 2022

DECISION ORDER ON MOTION

Date: Sep 21, 2022

ORDER ( PROPOSED )

Date: Jul 14, 2022

NOTICE OF MOTION

Date: Jun 21, 2022

AFFIDAVIT

Date: Jun 21, 2022

COURT NOTICE

Date: Jun 21, 2022

NOTICE OF APPEAL

Date: Jun 19, 2022

NOTICE OF ENTRY

Date: Jun 17, 2022

DECISION ORDER ON MOTION

Date: Jun 17, 2022

COURT NOTICE

Date: Jun 08, 2022

ORDER - OTHER

Date: Jan 31, 2022

ORDER ( PROPOSED )

Date: Jan 14, 2022

RESPONSE TO DEMAND

Date: Dec 07, 2021

EXHIBIT(S) - A

Date: Dec 07, 2021

RESPONSE TO DEMAND

Date: Dec 03, 2021

EXHIBIT(S) - A

Date: Dec 03, 2021

EXHIBIT(S) - B

Date: Dec 03, 2021

EXHIBIT(S) - A

Date: Dec 02, 2021

EXHIBIT(S) - B

Date: Dec 02, 2021

EXHIBIT(S) - C

Date: Dec 02, 2021

EXHIBIT(S) - E

Date: Dec 02, 2021

EXHIBIT(S) - D

Date: Dec 02, 2021

EXHIBIT(S) - F

Date: Dec 02, 2021

AFFIDAVIT

Date: Dec 02, 2021

AFFIDAVIT

Date: Oct 08, 2021

DECISION ORDER ON MOTION

Date: Sep 28, 2021

NOTICE OF APPEAL

Date: Jul 13, 2021

NOTICE OF ENTRY

Date: Jul 13, 2021

REPLY TO COUNTERCLAIM(S)

Date: Jul 06, 2021

ANSWER

Date: Jun 29, 2021

REPLY TO COUNTERCLAIM(S)

Date: Jun 28, 2021

ANSWER (AMENDED)

Date: Jun 23, 2021

ORDER - OTHER

Date: Jun 21, 2021

ORDER ( PROPOSED )

Date: Jun 16, 2021

COURT NOTICE

Date: Jun 08, 2021

NOTICE OF CROSS-MOTION

Date: Jun 07, 2021

AFFIDAVIT (Motion 2)

Date: Jun 07, 2021

COMPLAINT (AMENDED)

Date: Jun 03, 2021

MEMORANDUM

Date: Jun 03, 2021

NOTICE OF APPEAL

Date: Jun 03, 2021

NOTICE OF ENTRY

Date: Jun 03, 2021

EXHIBIT(S) - B

Date: Jun 03, 2021

EXHIBIT(S) - A

Date: Jun 03, 2021

EXHIBIT(S) - C

Date: Jun 03, 2021

AFFIDAVIT (Motion 1)

Date: May 20, 2021

AFFIDAVIT (Motion 1)

Date: May 20, 2021

ORDER TO SHOW CAUSE

Date: May 11, 2021

SUMMONS COMPLAINT

Date: Apr 27, 2021

MEMORANDUM OF LAW

Date: Apr 27, 2021

EXHIBIT(S) - B

Date: Apr 27, 2021

NOTICE OF PENDENCY

Date: Apr 27, 2021

EXHIBIT(S) - A

Date: Apr 27, 2021

AFFIRMATION

Date: Apr 27, 2021

Case Events

Type Description
LETTER / CORRESPONDENCE TO JUDGE
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #9)
to Cross-Motion
LETTER / CORRESPONDENCE TO JUDGE (Motion #9)
Letter to Hon. Crandall regarding Def. Reply on Cross-Motion
EXHIBIT(S) - C
Post
EXHIBIT(S) - A
Exemplar Pictures
AFFIDAVIT OR AFFIRMATION IN REPLY
Pautz Reply Affirmation - Renew Opposition to Motion for A Stay
EXHIBIT(S) - B
New York Times Article
EXHIBIT(S) - D
Photographs
AFFIDAVIT OR AFFIRMATION IN SUPPORT M. Smith Affidavit in Further Support of Plaintiffs' Motion to Renew Their Opposition to Defendants
M. Smith Affidavit in Further Support of Plaintiffs' Motion to Renew Their Opposition to Defendants ... show more
LETTER/CORRESPONDENCE FROM COURT
LETTER / CORRESPONDENCE TO JUDGE
COURT NOTICE
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #9)
of Anna J. Smith
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #9)
of Janet D. Callahan
EXHIBIT(S) - B (Motion #9)
August 1, 2023 Photos
NOTICE OF CROSS-MOTION
EXHIBIT(S) - A (Motion #9)
July 3, 2023 Photos
ORDER TO SHOW CAUSE
AFFIDAVIT
AFFIRMATION
ORDER TO SHOW CAUSE ( PROPOSED )
EXHIBIT(S) - C
Photo
EXHIBIT(S) - B
Photo
EXHIBIT(S) - A
Photo
BOND/UNDERTAKING
Cover Letter to Referee, Copy of Order Setting Undertaking, Copy of Undertaking
AFFIRMATION/AFFIDAVIT OF SERVICE
OTHER COURT FILED DOCUMENT
RECORD ON APPEAL
OTHER COURT FILED DOCUMENT
MEMORANDUM AND ORDER
NOTICE OF ENTRY
of June 30, 2023 Order
OTHER COURT FILED DOCUMENT
RECORD ON APPEAL VOLUME III
OTHER COURT FILED DOCUMENT
RECORD ON APPEAL VOLUME II
OTHER COURT FILED DOCUMENT
RECORD OF APPEAL IV
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
NOTICE OF MOTION (Motion #5)
to Vacate Decision and Order
EXHIBIT(S) - A (Motion #5)
Order dated June 10, 2022 and filed June 17, 2022
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #5)
of Janet D. Callahan
NOTICE OF APPEAL (Motion #1)
of Order dated 6/10/22
NOTICE OF APPEAL (Motion #1)
of Order dated 1/27/22
NOTICE OF APPEAL (AMENDED)
NOTICE OF ENTRY
ORDER - OTHER
NOTICE OF ENTRY
DECISION + ORDER ON MOTION
LETTER/CORRESPONDENCE FROM COURT
LETTER / CORRESPONDENCE TO JUDGE
ORDER ( PROPOSED )
ORDER - (PROPOSED) "SUBMIT ORDER" PER JUDGES DECISION
MEMORANDUM OF LAW IN OPPOSITION
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #4)
Affirmation of Nolan T. Kokkoris, Esq.
EXHIBIT(S) - F (Motion #4)
Bond Letter
EXHIBIT(S) - A (Motion #4)
Lagios Affirmation
EXHIBIT(S) - E (Motion #4)
Frankel Letter
EXHIBIT(S) - C (Motion #4)
Anna Smith Affidavit
EXHIBIT(S) - B (Motion #4)
2021 Smith Affidavit
AFFIRMATION/AFFIDAVIT OF SERVICE
EXHIBIT(S) - D (Motion #4)
Anna Smith Affidavit Exhibit D
EXHIBIT(S) - G (Motion #4)
Anna Smith Letter
LETTER / CORRESPONDENCE TO JUDGE
AFFIRMATION/AFFIDAVIT OF SERVICE
NOTICE OF MOTION (AMENDED)
NOTICE OF MOTION
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - A (Motion #4)
8.13.21 transcript
AFFIDAVIT
EXHIBIT(S) - A (Motion #4)
Deeds
EXHIBIT(S) - C (Motion #4)
Letter re: Ted & Ace Purchase
EXHIBIT(S) - B (Motion #4)
12.10.21 transcript
EXHIBIT(S) - F (Motion #4)
signage photos
EXHIBIT(S) - E (Motion #4)
Diamond Hill Letters Re: Ted & Ace
EXHIBIT(S) - B (Motion #4)
Diamond Hill Letter & Brochure
EXHIBIT(S) - G (Motion #4)
Tax Map
EXHIBIT(S) - H (Motion #4)
Ace Brochures
EXHIBIT(S) - D (Motion #4)
Ace Deed
COURT NOTICE
NOTICE OF APPEAL
NOTICE OF ENTRY
Decision & Order
DECISION + ORDER ON MOTION
LETTER/CORRESPONDENCE FROM COURT
AFFIRMATION/AFFIDAVIT OF SERVICE
Notice of Entry
NOTICE OF MOTION (AMENDED) (Motion #3)
Amended Notice of Motion for Substitution
COURT NOTICE
EXHIBIT(S) - B (Motion #3)
Letters Testamentary & Decree Granting Probate
EXHIBIT(S) - A (Motion #3)
Death Certificate
NOTICE OF APPEARANCE (POST RJI) (Motion #3)
Notice of Appearance for Anna Jane Smith as Executor of the Estate of Theodore P. Smith
NOTICE OF MOTION (Motion #3)
Notice of Motion for Substitution
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #3)
Affirmation in Support of Motion for Substitution
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
CONSENT TO CHANGE ATTORNEY (POST RJI)
Consent to Substitute Attorney for Defendant Trust
NOTICE OF APPEARANCE (POST RJI)
Notice of Appearance for Defendant Trust
LETTER / CORRESPONDENCE TO JUDGE
Letter to Judge Crandall
LETTER / CORRESPONDENCE TO JUDGE
NOTICE OF ENTRY (Motion #1)
re: Order of the Hon. John H. Crandall dated 1/27/22
ORDER - OTHER
ORDER ( PROPOSED )
and correspondence to Judge Crandall
AFFIRMATION/AFFIDAVIT OF SERVICE
RESPONSE TO DEMAND
Plaintiffs' Expert Witness Disclosure Pursuant to CPLR 3101(d)
EXHIBIT(S) - A
CV of Adam Schoonmaker, Ph.D.
RESPONSE TO DEMAND
Defendants' Expert Witness Disclosure Pursuant to CPLR Section 3101(d)
EXHIBIT(S) - A
Expert witness report of David A. Shank
EXHIBIT(S) - B
Expert witness report of David Bradfield
AFFIRMATION/AFFIDAVIT OF SERVICE
re: Defendants' Expert Witness Disclosure
EXHIBIT(S) - A
Referenced Materials from Fisher and Zenger
EXHIBIT(S) - B
Schematic View of Ace of Diamonds
EXHIBIT(S) - C
Excavated Herkimer Diamond
EXHIBIT(S) - E
Parcel View of Pocket Layer
EXHIBIT(S) - D
9 Layer of Removed Rock
AFFIRMATION/AFFIDAVIT OF SERVICE
EXHIBIT(S) - F
View of Southern Half of Mine Site
AFFIDAVIT
Adam Schoonmaker, Ph.D.
LETTER / CORRESPONDENCE TO JUDGE
Request for Extension of Expert Report Deadline
Affidavit of Mailing
NOTICE OF APPEAL (Motion #2)
re: September 28, 2021 Decision and Order of Hon. John H. Crandall
NOTICE OF ENTRY (Motion #2)
Amended Notice of Entry of Decision and Order of Judge Crandall dated 9/28/21
NOTICE OF ENTRY (Motion #2)
re: September 28, 2021 Decision and Order of Hon. John H. Crandall
DECISION + ORDER ON MOTION
LETTER / CORRESPONDENCE TO JUDGE (Motion #1)
re Proposed Decision and Order
ORDER ( PROPOSED ) (Motion #1)
Proposed Decision and Order
NOTICE OF APPEAL
NOTICE OF ENTRY
REPLY TO COUNTERCLAIM(S)
Reply to Verified Answer with Affirmative Defenses and Counterclaims
AFFIRMATION/AFFIDAVIT OF SERVICE
ANSWER
with Affirmative Defenses and Counterclaims to Amended Verified Complaint
AFFIRMATION/AFFIDAVIT OF SERVICE
REPLY TO COUNTERCLAIM(S)
Reply to Verified Amended Answer with Affirmative Defenses and Counterclaims
LETTER / CORRESPONDENCE TO JUDGE
ANSWER (AMENDED)
with Affirmative Defenses and Counterclaims to Amended Verified Complaint
ORDER - OTHER
ORDER ( PROPOSED )
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)
AOS - Anna J. Smith - Summons with Amended Complaint
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)
AOS - Theodore P. Smith - Summons with Amended Complaint
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION (Motion #2)
Affirmation of Brody D. Smith, Esq.
AFFIRMATION/AFFIDAVIT OF SERVICE
COURT NOTICE
AFFIDAVIT OR AFFIRMATION IN FURTHER SUPPORT OF CROSS-MOTION (Motion #2)
of Richard A. Frankel
NOTICE OF CROSS-MOTION
AFFIDAVIT (Motion #2)
of Anna J. Smith
ANSWER WITH COUNTER-CLAIM(S)
SUMMONS (POST RJI) (AMENDED)
AFFIRMATION/AFFIDAVIT OF SERVICE
COMPLAINT (AMENDED)
MEMORANDUM
Reply Memo of Law in Further Support of TRO
NOTICE OF APPEAL
NOTICE OF ENTRY
EXHIBIT(S) - B
Ex B
EXHIBIT(S) - A
Ex A
EXHIBIT(S) - C
Ex C
LETTER / CORRESPONDENCE TO JUDGE
MEMORANDUM OF LAW IN OPPOSITION
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #1)
of James P. Lagios
ANSWER WITH COUNTER-CLAIM(S)
EXHIBIT(S) - C (Motion #1)
Transition Correspondence
EXHIBIT(S) - B (Motion #1)
Deed into Trust
EXHIBIT(S) - A (Motion #1)
TPS Income Only IRT
AFFIDAVIT (Motion #1)
of Anna Smith
EXHIBIT(S) - D (Motion #1)
Ace Brochures 1960s to Present
EXHIBIT(S) - F (Motion #1)
Tumor/Stroke
AFFIDAVIT (Motion #1)
of David Bradfield
NOTICE OF APPEARANCE (POST RJI)
EXHIBIT(S) - E (Motion #1)
Codicil
LETTER / CORRESPONDENCE TO JUDGE
ORDER TO SHOW CAUSE
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)
Verified Complaint and Supporting Docs to Defendant's Attorney
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #1)
of James P. Lagios
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #1)
of Theodore P. Smith
EXHIBIT(S) - C (Motion #1)
Cease and Desist Notice
EXHIBIT(S) - B (Motion #1)
Email dated 4-27-21
EXHIBIT(S) - D (Motion #1)
Email String
EXHIBIT(S) - A (Motion #1)
Tenancy in Common Agreement
NOTICE OF APPEARANCE (POST RJI)
of James P. Lagios
EXHIBIT(S) - E (Motion #1)
Email String
SUMMONS + COMPLAINT
MEMORANDUM OF LAW
RJI -RE: ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE ( PROPOSED )
EXHIBIT(S) - C Ex C to Complaint - Certification of Trust
Ex C to Complaint - Certification of Trust Possible SSN Administratively Redacted
EXHIBIT(S) - B
Ex B to Complaint - Warranty Deed
NOTICE OF PENDENCY
EXHIBIT(S) - A
Ex A to Complaint - Deeds
Affirmation of Brody D. Smith, Esq.

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