Mary Ann Hennen March 24th

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK : PART 6 -----------------------------------------------X In the Matter of the Application of JANET DEMARZO, Commissioner of Suffolk County Department of Social Services for the Appointment of a Guardian of the Person And/or Property of

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MARY ANN HENNEN,

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An Incapacitated Person Respondent. ------------------------------------------------X March 24, 2009 Central Islip, New York B E F O R E:

HON. SANDRA L. SGROI, Supreme Court Justice

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A P P E A R A N C E S: CHRISTINE MALAFI Suffolk County Attorney 400 Carleton Ave. Central Islip, N.Y. 11722 BY: WILLIAM HOLST, ESQ. MARY ANN HENNEN Respondent pro se 178 Bayview Ave. Northport, N.Y. 11768 ALSO PRESENT: BURT ZWEROFF, Principal Law Secretary

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Index No. 16328-07

Reported By: Barbara Greenberg, C.S.R. Official Court Reporter

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2 THE COURT CLERK:

Index number 016328 of

2007, in the matter of Mary Ann Hennen.

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Appearances?

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MR. HOLST:

William Holst, assistant county

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attorney from the office of Christine Malafi,

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County Attorney on behalf of petitioner.

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MS. HENNEN:

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propria persona.

Mary Ann Hennen, appearing in

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THE COURT:

Good morning.

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This matter was scheduled for a very

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limited purpose.

We have received a letter from

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the special guardian, Vincent Berger, indicating

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that he had received the deed to Miss Hennen's

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property but he was having an issue as far as

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recording it.

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and asked for a conference to be scheduled.

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scheduled a conference and indicated Mr. Berger

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could participate by telephone.

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adjourned to today and Mr. Berger is available

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by telephone.

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Mr. Berger on the phone and we'll keep a record.

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We'll make a record.

He didn't have the recording fee We

That matter was

So what we can do is get

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MS. HENNEN:

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MR. HOLST:

Thank you, your Honor. Your Honor, for the record,

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3 can I read a section of the Court order dated --

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MS. HENNEN:

I object.

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MR. HOLST:

-- May 30 of 2008?

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THE COURT:

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First of all, we need one at a

time. MR. HOLST:

I would just in terms of

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putting this matter into context, I'd like to

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read from the Court order of May 30, 2008 with

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respect to what Mr. Berger is supposed to do in

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this matter.

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THE COURT:

You mean his role as special

guardian? MR. HOLST:

Well, the Court expressed

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concern related to the issue of real property,

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and that issue was concern over the disposition.

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The Court noted that Miss Hennen has obtained

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several binders for the sale of her residence

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and as of the date of the hearing had not

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selected which offer to accept.

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potentially could result in one or more

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interested potential contract purchasers deeming

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her to be in breach of contract when one offer

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is finally accepted.

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This

My understanding of the Court order was

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4 that the special guardian, Mr. Berger, was

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supposed to sort through what offers were

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acceptable and with the Court's supervision,

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consummate a transaction.

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Mary Ann Hennen in terms of avoiding the

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problems noted by the Court with where there

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could be potential purchasers that would

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actually result in litigation which would

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That will protect

actually be very costly to Miss Hennen. THE COURT:

I understand all that but the

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purpose of today's conference is a very limited

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purpose, to discuss how Mr. Berger is going to

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get the deed recorded which then ultimately is

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to Miss Hennen's benefit.

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record and she can go ahead and the sale can be

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completed if that's what she wishes to do.

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MS. HENNEN:

Her deed will be on

Thank you, your Honor.

Now

I'd like to make another point. MR. HOLST:

I would note that the position

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of the Department of Social Services, based on

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the Court's own order, that the expectation was

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that there would be Court supervision and

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supervision of the special guardian and to

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transfer the deed to her name.

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THE COURT:

Wait.

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MS. HENNEN:

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assistant of counsel.

Who are these parties?

Greg Fisher, he's my He helps me with my legal

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work.

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MS. SCOFIELD:

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THE COURT:

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MR. FISHER: THE COURT:

MS. HENNEN:

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they assist me.

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THE COURT:

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No. Neither one of you are

attorneys admitted to practice?

my research.

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Are you an attorney,

Mr. Fisher?

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Terry Scofield.

No.

They just help me with

When I have to look up statutes They're not representing me. They can't participate in this

proceeding. MS. HENNEN:

Okay, they will just be

witnesses. MR. HOLST:

And the other point that we'd

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like to also remind the Court of is that

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Ms. Hennen had the opportunity engage her own

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counsel, and Mr. Berger was supposed to either

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work with that person that she selected or if

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she was unable to retain counsel, that he would

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be involved in selecting counsel, and it hasn't

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6 been done. THE COURT:

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purpose of today.

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Mr. Berger.

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You're going way beyond the Let me see if I have

Mr. Berger?

MR. BERGER:

Yes?

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THE COURT:

We're in the courtroom and this

conference is being recorded. MR. BERGER: THE COURT:

Yes, good morning, Judge. The purpose of this conference

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was limited to addressing Mr. Berger's letter

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with respect to the ability to record the deed;

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is that right, Mr. Berger?

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MR. BERGER:

Correct, Judge, and as I

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understand it an application made by

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Mr. Holst --

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MR. HOLST:

Right.

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MR. BERGER:

-- addressing that point.

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THE COURT:

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MR. HOLST:

Addressing that point. Right.

I also wrote a letter

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on the same date addressing the whole issue

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about whether or not there would be supervision

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by the special guardian in terms of a

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transaction.

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THE COURT:

Well, the notice --

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7 MS. HENNEN:

Ian Wilder is my real estate

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lawyer.

I have my own lawyer and I told

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Mr. Berger that I have legal representation.

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THE COURT:

Miss Hennen, let me say this

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for the record.

We had noticed Mr. Wilder on

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the order scheduling today's conference and

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indicating that if he is serving as counsel,

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he's directed to appear, and he was granted

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leave to contact chambers to arrange for his

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appearance by phone.

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cost as much as possible.

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that Mr. Wilder called chambers and indicated he

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does not represent you, and that's why he's not

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here.

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MS. HENNEN:

We're trying limit the My understanding is

Not in the guardianship.

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He's only representing me with the real estate,

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and I have decided not to sell my house because

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of the depressed market.

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requesting today is that I be provided with the

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original deed to my house.

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myself in Riverhead.

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on the market when it's appropriate.

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THE COURT:

So basically, what I'm

I will record it

And I will put the house

Mr. Berger, let me ask you if

you have the deed in your possession.

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MR. BERGER:

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THE COURT:

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MR. BERGER:

Yes. Who is in title? The deed is dated April 6,

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2008 and it is a deed from John T. Rieger as

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surviving co-trustee, et cetera, to as party of

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the first part to Mary Ann Hennen and an

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individual residing at Bayview Avenue,

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Northport.

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THE COURT:

But it's not Miss Hennen

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individually?

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MR. BERGER:

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THE COURT:

Yes. Miss Hennen indicated at this

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point she doesn't want to sell her house.

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That's the power among others that was given to

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Mr. Berger, to go through the offers and review

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the offers and with Mary Ann Hennen's

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consultation determine how to proceed, who to

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sell it to.

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MR. BERGER:

We have done that, Judge.

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last year reviewed offers, and Miss Hennen was

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not interested in going ahead with anything.

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as of maybe September or October of last year,

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the slate has been cleared.

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that I know of.

We

So

There is no offer

She has no interest in selling

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her house.

She's not advertising it.

There is

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no sign on the property, and I accept that.

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That's my function to be involved if and when

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she decides to sell the house and has an offer.

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Just to address Mr. Wilder, Mr. Wilder

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indicated that he would be willing to represent

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her if the house was sold.

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involvement I think that Mr. Wilder is

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But that's the only

interested in handling. THE COURT:

That's consistent with what

Mr. Hennen has just indicated in the courtroom.

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That if and when she's ready to sell the house

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he will be your real estate attorney.

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MS. HENNEN:

Correct.

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MR. BERGER:

I have no problem with that.

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THE COURT:

The only issue, Mr. Holst, what

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you're talking about is a special guardian going

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ahead and completing a sale.

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indicated at this point due to the depressed

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market, and there is certainly a rationale for

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that --

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MR. HOLST:

Miss Hennen

I'd just like to read from my

letter of February 23, 2009. "On behalf of the Suffolk County Department

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of Social Services, the undersigned requests a

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conference hearing as to whether there is a

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subtantial risk of Mary Ann Hennen losing such

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asset in the event the premises are conveyed

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directly to her.

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County Department of Social Services is that

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Mary Ann Hennen has demonstrated a serious lack

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of judgment and insight with respect to her

The position of the Suffolk

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financial interests.

The Suffolk County

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Department of Social Services understood that

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the Court would supervise a transaction to a

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third party and the proceeds of such

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transaction, pursuant to the order dated October

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7, 2008."

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So I think that by simply giving it to her,

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we're undermining the protections that we

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thought we had in place and that now could be

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lost.

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THE COURT:

Is there a notice of pendency

filed?

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MR. HOLST:

No.

The property was in title

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to a trust so it was not a situation where it

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was in her name where we normally file a notice

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of pendency.

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THE COURT:

If the property were to go into

her name, Mr. Zweroff --

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MR. BERGER:

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THE COURT:

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MR. BERGER:

Judge, may I say something? Yes. The only person I can hear is

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you.

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the background.

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I can't understand what he's saying.

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I know that somebody else is talking in

THE COURT:

It sounds like Bill Holst, but

Mr. Holst in effect said that

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the county is concerned that if the property

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goes into Mary Ann Hennen's name as a matter of

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record that she runs the risk -- tell me if I'm

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wrong -- of losing the property due to

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essentially what has been demonstrated as a lack

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of judgment and ability to make rational

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decisions. You indicated that if Miss Hennen doesn't

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wish to sell the house at this point, you're

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taking no steps to effectuate any sales.

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MR. BERGER:

That's correct.

I haven't

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and I don't intend to.

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entertain a sale, the Court in its order, your

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order appointing me, requires me to bring on an

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Article 17 proceeding.

In fact, if I do

So I can't and would not

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and right now have none, no prospect of a sale

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from anyone whatsoever.

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standstill.

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be recorded or not.

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takes the position that I think is a reasonable

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one, but that's something I have to defer to the

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Court on.

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So it's at a

The only issue is, should that deed

THE COURT:

And Mr. Holst, I think,

And I was asking if a notice of

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pendency would provide some protection.

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going to ask Mr. Zweroff, the law secretary.

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MR. ZWERFOFF:

I'm

The notice of pendency would

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be filed if the property was in possession of an

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intestate person at the commencement.

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be filed prior to the filing of an order and

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judgment.

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existing guardianship, it is to be recorded

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reflecting the guardianship as to all real

It should

There is a statement, if there is an

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property.

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guardianship for the purpose of selling, I'm not

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sure of the application of that section in this

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circumstance either.

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But since we only have a special

MS. HENNEN:

Your Honor, I'm also applying

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for a reverse mortgage, so as soon as the deed

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is recorded, I can apply for my reverse mortgage

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and have funds to maintain the house and to fix

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it up at a future date when I do intend to sell

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it.

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proceedings which have continued for so long,

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the house has been devalued.

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in my best interests at this point to sell the

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house in a depressed market.

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my reverse mortgage and then I will wait for the

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But because of all of this, all of the

So it would not be

I will apply for

market to pick up.

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THE COURT:

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MR. BERGER:

Did you hear that, Mr. Berger? Yes, I heard part of that.

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Miss Hennen indicates that she would like to

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apply for a reverse mortgage.

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Judge, and all other things considered including

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whatever concern Mr. Holst may have, the deed

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then would -- could be produced at the closing

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of the reverse mortgage.

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that the mortgage would go on record

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simultaneously with the deed, and in itself

If she does that,

So that would mean

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would be a lien against the premises that would

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have to be satisfied.

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continues to protect Miss Hennen as you would

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like to protect her though.

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now, if the deed went on record there is no

I don't know if it

But at least right

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mortgage that I know of and no encumbrance that

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I know of, and I don't think there is a notice

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of pendency.

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for the taking.

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that's a different story.

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deed simultaneously with the closing on the

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mortgage.

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Mr. Holst's concerns.

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So the property would be out there If a mortgage is placed on it I could deliver the

I don't know if that addresses

MS. HENNEN:

I'd like to make another

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point.

I do have a prospective buyer at this

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point.

I haven't decided whether or not I'm

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interested in taking their offer.

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THE COURT:

Then we come back into the

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clear terms of the special guardianship where

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Mr. Berger is empowered and directed to review

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the offers and assist you.

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MS. HENNEN:

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estate lawyer.

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eight years.

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THE COURT:

I have Ian Wilder as my real

I have known him for seven or

I understand, but Mr. Berger is

the special guardian that's been determined and

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adjudicated.

He's not counsel to represent you

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on the sale and I think the order is very clear

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that you can chose your own counsel.

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MR. BERGER:

It is.

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MS. HENNEN:

What I'm requesting today is

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I'd like the original deed to my property, which

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John Rieger transferred on April 6.

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faxed him a letter demanding that he transfer

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the deed to me, which he did on April 6.

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allowed Mr. Holst to read his motion.

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that I also be allowed to read the motion that I

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MR. HOLST:

If Your Honor --

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THE COURT:

Let her finish.

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MS. HENNEN:

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You

I request

filed.

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Mr. Nardo

please?

Will you let me finish,

Thank you.

MR. HOLST:

Your Honor, while you're doing

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that, I just want to remind everyone that I

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think one of the things that precipitated the

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County's petition was that Miss Hennen was

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without heat and without title to the house.

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She couldn't get a heat benefit.

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correct, that's one of the precipitating factors

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of the County bringing that petition.

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of the commencement of the guardianship and

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because it transpired, I believe she was able to

If I'm

Because

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get heat; is that right?

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MS. HENNEN:

Yes -- no, not with the

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guardianship.

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tenants and I have never been -- I want to state

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for the record I have never been without heat.

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I have a fireplace.

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I'm renting rooms.

THE COURT:

I have

I think that was reviewed and

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there were questions about the safety.

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getting into that now and there were questions

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about repairs to the house and insurance

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coverage.

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MS. HENNEN:

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THE COURT:

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MS. HENNEN:

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I'm not

You allowed Mr. Berger -Go ahead. This is what I filed on July

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"I, Mary Ann Hennen, am requesting the

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Court's intervention to secure the original deed

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to my property.

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Raymond Nardo to John Thomas Rieger dated April

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3, 2008.

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transferred the deed to me.

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provide Mr. Nardo with the original deed and

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sent him a copy.

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original deed to Debra Isler.

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been in possession of the original deed since

I'm enclosing a letter from

On April 6, 2008 John Rieger However, he did not

John Rieger instead gave the Debra Isler has

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April 6, 2008 which has prevented me from

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selling my property to one of several

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prospective buyers.

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a letter from Vincent Berger, Junior, P.C.,

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which is enclosed.

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to contact Mr. Berger since July 3, 2008.

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related my futile attempts to contact Mr. Berger

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to Dr. Frederick Oakes who intervened on my

On July 3, 2008 I received

I have made several attempts I

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behalf by calling him.

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Carol, informed me that Mr. Berger would meet

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with me on Wednesday, July 9, 2008 for one half

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hour.

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documentation as per the Court's instructions

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including several offers to purchase my house.

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My most recent offer is dated June 28, 2008 from

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Chris and Diana Murray.

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meeting abruptly before my options were

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discussed.

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contact Mr. Berger to discuss his obtaining the

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original deed from Debra Isler and delivering it

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to me, these attempts having been in an order on

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Monday July 14.

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Julia Gambino, and Mr. William Hayes accompanied

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me to Mr. Berger's office.

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Mr. Berger's secretary,

I provided Vincent Berger with

Mr. Berger left our

I have made several more attempts to

Miss Patricia Friedman, Miss

They witnessed my

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2

delivering further documentation to Mr. Berger

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to him regarding what was not discussed on July

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9, 2008.

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spoke to Carol that the signing of the notice of

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settlement which is scheduled for July 17, 2008

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must be adjourned until he agrees to meet with

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me and/or legal counsel of my choice.

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recently as Tuesday, July 15, 2008 at four p.m.

I also informed Carol, actually I

As

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Mr. Berger had not responded to my or Patricia

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Friedman's numerous and urgent attempts to

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contact him.

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be in any office until next week and that no one

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affiliated with his law firm would contact the

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Court to request an adjournment for the signing

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of the notice of settlement."

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We were informed that Berger won't

In the interim, Your Honor, Debra Isler did

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provide Mr. Berger with the original deed.

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received the letter on December 3.

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December 5 -- Miss Friedman is in the Court.

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Miss Julia Gambino and I went to Mr. Berger's

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office and I said, "I'm thrilled that we finally

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have the original deed.

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I

On

May I please have it?"

Mr. Berger said he had to wait for an order from the Court which you signed on February 17,

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so to do anything now would be going backwards.

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You signed the order --

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THE COURT:

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judgment, I believe.

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No, I signed the order and

MS. HENNEN:

The Court is in receipt of a

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letter dated December 3 from the special

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guardian, Vincent Berger, Esquire, and a copy of

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the deed with John Rieger as surviving

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co-trustee under the Nicholas Psaroudis

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revocable living trust dated January 26, 2001

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conveying real property to Mary Ann Hennen.

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Mr. Berger notes that Debra Isler, Esquire, had

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previously been directed to deliver the deed to

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Mr. Berger but had not indicated whether the

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deed should be recorded.

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that he's seeking the Court's approval to record

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the deed but that he has no funds for the

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recording charges which he estimates should be

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approximately $225.

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Mr. Berger's implicit suggestion that the deed

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should be recorded.

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circumstances of this matter, Mr. Berger should

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first make an inquiry to the Suffolk County

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clerk as to whether the recording charges can be

Mr. Berger indicates

The Court agrees with

Under the unusual

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waived.

If that's permissible he should record

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the deed and so report to the Court.

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event that the recording charges can't be waived

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in full, Mr. Berger should move on notice for an

In the

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order permitting him to record the deed and

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imposing responsibility for the cost thereof

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upon Mary Ann Hennen.

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request for permission to advance the funds and

This might include a

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seek reimbursement by future sale of the

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property.

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for permission to record the deed as set forth

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in his December 3, 2008 letter is granted only

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to the extent and upon the conditions stated

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above."

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Presently, the request by Mr. Berger

I was all excited when I received this

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order and I was all set to go to Riverhead

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myself and record the deed.

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what I'm requesting today is that you order

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Mr. Berger to provide me with the original deed.

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We'll go to his office and and pick it up today

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and I will take it out to Riverhead and record

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it myself.

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THE COURT:

I have the $225, so

And Mr. Holst is opposed to the

recording of the deed?

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21 MR. HOLST:

I think it's totally

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inconsistent with all the Court's prior orders.

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Your Honor's order of May 30 says, "The clear

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and convincing evidence before the Court

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establishes that the alleged incapacitated

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person, Mary Ann Hennen, suffers from functional

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limitations."

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Mr. Berger certain powers.

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The order and judgment gives

"One, to enter into a retainer agreement

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with legal counsel selected by Mary Ann Hennen

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or if she fails to make a selection of counsel,

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to seek appointment of an attorney consistent

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with the provisions of Part 36;

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"Two, serve as Mary Ann Hennen's

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representative for the execution of all

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documents, if necessary, for Mary Ann Hennen to

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obtain title to the premises at 178 Bayview

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Avenue, Northport, subject to the possession of

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the special guardian and to the control of the

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Court for the purposes of administration, sales

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or other disposition," and then the part about

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evaluating the various offers.

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MS. HENNEN:

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MR. HOLST:

What's the date of that? Let me finish.

The fact that

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Mr. Berger has not been able to supervise a

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transaction does not preclude the Court from

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amending the order to have the special guardian

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have the power to supervise a reverse mortgage.

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He can do that as well.

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Mary Ann Hennen but short of that, we would make

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an application to make Mr. Berger the temporary

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guardian so that we avoid the situation where

That would also protect

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there's been a finding that Miss Hennen suffers

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from functional limitations that the Court has

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determined, and if she gets engaged in a whole

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bunch of claims regarding people to her house

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and contracts to her house, that she won't be

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protected and she'll end up losing the only real

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asset that she has.

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MS. HENNEN:

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THE COURT:

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MS. HENNEN:

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May I respond? Yes. What was the date of that

order that you were just reading? THE COURT:

That's the order and judgment

appointing Mr. Berger. MS. HENNEN:

That's back in May.

I just

read the order -THE COURT:

I believe it's October.

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23 MS. HENNEN: June.

No he, was appointed in May or

What's the date of that order?

MR. HOLST:

Well, I read two orders. I

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read the order and judgment that I have dated

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May 30, and I also read an order and judgment.

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MS. HENNEN:

I read into the record the

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order that you signed on February 17, 2009, so

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we're going backwards.

Why would we go

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backwards when you signed an order ordering

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Mr. Berger to record the deed?

All I need is

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the original deed.

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myself today and record the deed and we can end

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this and we don't have to drag this out for

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another couple of years.

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THE COURT:

I will go to Riverhead

Mr. Berger, your question to

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the Court is, your understanding is you were

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empowered to record the deed.

19

regarding the fee?

20

MR. BERGER:

Your question was

No, I felt -- I think your

21

order is silent as to whether I should record

22

the deed.

23

record the deed and, B, where do I get the money

24

from?

25

So there are two issues, A, should I

THE COURT:

The order of February 17 that

1

24

2

people are referring to indicates after making

3

inquiry as to the waiver of the charges, if

4

that's permissible, he should record the deed

5

and so report to the Court.

6

MR. BERGER:

7

THE COURT:

Okay. In the event charges can't be

8

waived, Mr. Berger should move on notice for an

9

order permitting him to record the deed and

10 11

imposing -MR. BERGER:

I inquired of the County Clerk

12

and found there is no way to waive the recording

13

charges.

14

MS. HENNEN:

I do have the $225, so what

15

I'm requesting that Your Honor do today is

16

instruct Mr. Berger to provide me with the deed.

17

We'll go pick it up and I will go to Riverhead

18

and record the deed.

19 20 21

Your Honor, I request that the conversation be on the Court record. THE COURT:

22

secretary.

23

record.

24 25

I'm consulting with the law

That does not have to be on the

THE COURT: from two orders.

Mr. Holst, you were reading One was a May order.

1 2 3 4

25 MR. HOLST:

And then the order and

judgment -THE COURT:

The one from May had language

5

regarding the statement -- we have a lot of

6

pages in this case.

7

MR. HOLST:

The order from May 3 starts

8

out basically saying, "The clear and convincing

9

evidence before the Court establishes that the

10

alleged incapacitated person, Mary Ann Hennen,

11

suffers from functional limitations."

12

THE COURT:

13

MR. HOLST:

14

THE COURT:

15

hearing?

That's the decision. This is -Is that the decision after

Is that what that is, the memorandum

16

and order?

17

MR. HOLST:

I believe so.

18

MS. HENNEN:

Your Honor, I'd like to

19

respond to that.

20

record an affidavit which was never filed by

21

anyone --

22 23 24 25

MR. HOLST:

I'd like to read into the

I object to anything that's not

part of the record. THE COURT:

We're not reopening the

hearing.

1

26

2

MS. HENNEN:

3

THE COURT:

It's from doctor -He's not here, and the hearing

4

is closed.

5

recording the deed issue.

6

I'm trying to stay focused on the

So Mr. Holst, the county is concerned that

7

if title is in Miss Hennen's name without any

8

additional recordings, that she runs the risk of

9

losing the property?

10

MR. HOLST:

Yes, your Honor. And as far as

11

the chronology goes, I believe we had the

12

hearing on May 14, 2008.

13

reserved decision and then came out with the

14

order of May 30, 2008.

15

THE COURT:

Right.

I think the Court

The language in the

16

order and judgment of October 7, the order

17

appointing a special guardian, "It is ordered

18

and adjudged," paragraph F, under number 2, "the

19

power to serve as Mary Ann Hennen's

20

representative for the execution of all

21

documents necessary for Mary Ann Hennen to

22

obtain title to the premises at Bayview Avenue,

23

Northport subject to the possession of the

24

special guardian and to the control of the Court

25

for the purposes of administration of the sale

1 2 3

27 or disposition." After consulting with the law secretary, I

4

believe that language would authorize Mr. Berger

5

to file the statement, not necessarily a notice

6

of pendency but there is a statement pursuant to

7

Section 81.20, subdivision 6, small V, and that

8

authorizes a guardian to file with the recording

9

officer of the county where the property is

10

located an acknowledged statement to be recorded

11

and index identifying the real property and

12

stating the date of the adjudication, et cetera.

13

So Mr. Berger, you're familiar with that?

14

MR. BERGER:

Yes, I am, Judge.

Normally

15

that applies to a situation where there is a

16

property guardian, but I'm aware of it.

17

THE COURT:

So it would seem to me that all

18

the purposes could be accomplished.

If that

19

statement is recorded and the deed is recorded,

20

then there is notice that there was a

21

proceeding.

22

property.

23

that she owns the property and then if she

24

decided subsequently to engage in a sale, the

25

provisions of the special guardianship would

Miss Hennen would have title to the It would be on notice to the world

1

28

2

then kick in and be applicable.

3

to me that would serve your purposes, Miss

4

Hennen's purposes, the county's purposes.

5

MR. HOLST:

It would seem

As long as that's going to be

6

considered part of the enumerated powers.

7

Otherwise we'd make application to amend the

8

powers to specifically give that additional

9

power to Mr. Berger.

10

MS. HENNEN:

Your Honor, I object to any

11

provisions.

12

Mr. Nardo, who was representing me, is

13

responsible for the title being transferred.

14 15 16 17 18 19

I want the original title because

THE COURT: documents?

Are you saying the original

You have title?

MS. HENNEN:

But he didn't provide me with

the original. THE COURT:

You're talking about the

original deed?

20

MS. HENNEN:

21

THE COURT:

Yes. You have title.

22

MS. HENNEN:

So basically, Your Honor, it

23

was Mr. Nardo who was responsible for Rieger

24

transferring the title.

25

have his letter which is in the file, and he

He sent the letter.

I

1

29

2

said, I demand that you transfer the title to

3

Miss Hennen's property, which Rieger did on

4

April 6.

5

THE COURT:

6

MS. HENNEN:

7

THE COURT:

8 9

Correct. It was transferred to me. And you have title to the

property, but it's not recorded. MS. HENNEN:

Because Mr. Rieger didn't

10

provide me, Mr. Nardo with the original deed.

11

We thought Rieger had it. We didn't realize --

12

THE COURT:

13

MS. HENNEN:

I understand.

We're past that.

Basically what I want is my

14

original deed, no provisions.

15

my deed today, myself and either sell my house

16

or do whatever I have to do.

17

THE COURT:

I want to record

As I indicated, if you're

18

choosing to sell, then the special guardian has

19

the powers as enumerated.

20 21 22 23

MS. HENNEN:

What if I decide to sell it

next summer? THE COURT:

As long as that guardianship is

in existence, he has that power.

If you're

24

talking about terminating the guardianship,

25

there are formal applications, there are

1

30

2

procedures and it has to be done.

Right now as

3

we sit that guardianship is in effect and

4

remains in effect indefinitely.

5

Mr. Berger, if you record that statement

6

then I suppose it really doesn't matter if he

7

records the deed or Miss Hennen records the

8

deed.

9

MR. HOLST:

Your Honor, I would suggest

10

that Miss Hennen give the money that she says

11

she has to Mr. Berger, make sure Mr. Berger, who

12

is an attorney, has it done properly, that it's

13

properly filed and recorded.

14 15 16

THE COURT:

It's probably in your best

interests. MS. HENNEN:

Okay, I would also like to

17

state for the record that I met with Mr. Larry

18

Gray for three hours on Sunday and he says the

19

sole purpose of this hearing is to get the

20

original deed to your property in your hand and

21

you request the Judge to order Mr. Berger or

22

Mr. Holst or whoever is in possession of the

23

original deed to provide me with the original

24

deed, and he and I will go out to Riverhead to

25

record --

1 2

31 THE COURT:

3

this proceeding.

4

MS. HENNEN:

5

THE COURT:

Mr. Gray is not a party in He has not appeared. He's aware of the situation. He has no relevance to the

6

proceedings, other than you had a conversation

7

with him.

8 9

MS. HENNEN: property.

All want is the deed to my

This dragged on.

It took me seven

10

years to get the property from Rieger to my

11

name.

12

trying to get the title out of my name and into

13

their name.

14

The county spent three hours in May

THE COURT:

I don't know anything about

15

that.

16

has been conveyed to you.

17

As a result of the guardianship the deed

MR. HOLST:

If the county hadn't brought

18

the guardianship petition, we wouldn't even be

19

this far.

20

THE COURT:

I just said that as far as I

21

know it's as a result of this proceeding that

22

the title was conveyed to Miss Hennen.

23

MS. HENNEN:

Will you direct Mr. Berger to

24

record the deed?

We'll accompany him and go out

25

to Riverhead and record the deed.

1

32

2

THE COURT:

3

MS. HENNEN:

4

THE COURT:

5

MS. HENNEN:

6

THE COURT:

7

MR. BERGER:

8

THE COURT:

9

MR. BERGER:

10

somebody speaks.

11

THE COURT:

He'll record the deed. Yes. You will give him the funds. We'll accompany him. Mr. Berger? Yes? Any problem with that? I can barely hear when

Miss Hennen indicated and I

12

indicated if you filed a statement as set forth

13

in the section that I cited --

14

MR. BERGER:

15

THE COURT:

I will do that. And I asked Miss Hennen, she

16

says she has the recording fee, and I indicated

17

she should turn that over to you so it can be

18

recorded.

19

you when you record it, but I don't know if

20

that's your policy to physically take it.

21

She indicated she wanted to accompany

MR. BERGER:

I'm not going to personally do

22

it.

23

receipt requested to the County Clerk.

24

the way I do it.

25

I'm going to send it certified mail return

THE COURT:

Perhaps you can notify Miss

1 2

That's

33 Hennen when you're about to do that.

3 4 5

MS. HENNEN:

Is there a problem with us

picking it up and my recording it? THE COURT:

The section that I just cited

6

in the order and judgment indicates that the

7

special guardian is to maintain control, to make

8

sure that the process is done.

9

would be that Mr. Berger file the statement,

My direction

10

file the deed but that you provide him with the

11

funds.

12

deed.

13

He will give you the receipt to file the

MS. HENNEN:

14

being involved.

15

THE COURT:

I object to any guardian I don't need a guardian. I know you have objected, but

16

that's been adjudicated.

Unless and until

17

somebody finds otherwise, that's what stands on

18

the record.

19

following a hearing.

I have made a determination

20

Anything else?

21

MR. BERGER:

Mr. Berger?

The County Clerk will accept

22

an attorney's check but will not accept any

23

other --

24 25

THE COURT: indicated.

I understand what Miss Hennen's

I think you have it in cash?

1

34

2

MS. HENNEN:

3

THE COURT:

4

Yes. If she provides you with cash

you will give her a receipt.

He's indicating

5

that the county clerk wants an attorney's check

6

for recording the deed.

7

MS. HENNEN:

8

THE COURT:

9

An attorney's check? Mr. Berger has an attorney's

check.

10

MS. HENNEN:

Okay, now when this deed is

11

recorded, how is the county involved or this

12

guardian or Mr. Berger involved in my life if I

13

don't want --

14

THE COURT:

We have gone over that and I'm

15

going to have to bring the proceedings to an

16

end.

17

an indefinite period.

18

changes, you're free to bring an application, a

19

formal application if you wish to try to

20

terminate it.

21

changes, he's the special guardian with the

22

powers that were granted in the October 7, I

23

believe --

He's special guardian.

The order is for

Unless and until that

But unless and until something

24

MR. BERGER:

25

THE COURT:

October 7, 2008. -- October 7, 2008 order and

1

35

2

judgment.

3

Hennen brings the cash to your office, someone

4

will give her a receipt, correct?

5 6

All right.

MR. BERGER:

So Mr. Berger, if Miss

Yes.

appointment to do that.

I'd like her to make an

7

THE COURT:

He's asking that you call him

8

and make an appointment when you're going to

9

come.

10

MS. HENNEN:

11

THE COURT:

12 13 14

I'm coming right now. Can she come today, this

morning? MR. BERGER:

Yes.

She can leave the funds

with my secretary.

15

THE COURT:

16

MR. BERGER:

Carol. I don't know exactly what

17

they're going to be, but we're going to try to

18

find out from the County Clerk.

19 20

THE COURT:

Okay, would you have that when

she comes.

21

MR. BERGER:

22

MS. HENNEN:

I will try, Judge, yes. Your Honor, I'd like you to

23

order him to record it as soon as he gets it, as

24

soon as possible, not ten weeks from now.

25

THE COURT:

He will do it expeditiously,

1 2 3 4

36 correct, Mr. Berger? MR. BERGER:

I will do it within 24 hours

after I receive the money.

5

THE COURT:

Within 24 hours.

6

MS. HENNEN:

7

THE COURT:

Thank you.

8

MR. HOLST:

Thank you, your Honor.

Thank you.

9

THE COURT:

10

MR. BERGER:

11

THE COURT:

12

MR. BERGER:

13 14 15 16

Thank you, Mr. Berger. Thank you, Judge. You're welcome. Are you going to cut an

order? THE COURT:

No.

I indicated that in the

powers that are in the order and judgment. MR. BERGER:

Okay.

I was just wondering if

17

you were going to do a further order on the

18

basis of what occurred today.

19

THE COURT:

We have a transcript.

20 21

-oOo-

22 23 24 25

1

37

2 3 4

CERTIFICATION

5 6

The foregoing is certified to be a true and accurate

7

transcript of the stenographic notes for the

8

above-captioned matter.

9 10

____________________________________________

11

Barbara Greenberg, C.S.R., Official Court Reporter,

12

Supreme Court, State of New York

13 14 15 16 17 18 19 20 21 22 23 24 25