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Matter of Remillard (2007 NY Slip Op 51328(U))
[*1]


Decided on July 9, 2007
Sur Ct, Sullivan County

2006-170
APPEARANCES: Cooke & Davis
P.O. Box 14440 Monticello, NY 12701 By: Edward M. Cooke, Esq., of counsel Attorney for Estate Mary Lynn Hull 13 Center Street
file:///C|/Users/Peter/Desktop/NY/2/2007_51328.htm[4/21/2013 10:52:45 PM]
Matter of Remillard (2007 NY Slip Op 51328(U))
Port Jervis, NY 12771 Co-Administratrix, CTA Jaime Remillard Eaddy 20 Knight Road Glen Spey, NY 12737 Co-Administratrix, CTA Frank J. LaBuda, J.
This matter comes on by motion of Edward M. Cooke, Esq. to be relieved as attorney for the Estate of M. Genevieve Remillard and for attorneys fees.
A hearing was held at the Sullivan County Courthouse on June 14, 2007.
Attorney Cooke testified that he can not get any cooperation from either appointed Co-Administratices regarding the information and steps necessary to perfect the within estate. In addition, he states that it appears that estate monies were used by both Co-Administratices for unauthorized purposes.
Co-Administratrix Mary Lynn Hull testified. She admitted to being lax and uncooperative to Attorney Cooke. She also admitted to the unauthorized personal use of $4000.00 of estate funds.
Co-Administratrix Jaime Remillard Eaddy testified. She [*2]admitted to being lax and uncooperative to Attorney Cooke. She also admitted to the unauthorized use of $16,000.00 of estate funds, though she claims that she repaid same.
Both Co-Administratices consent to Attorney Cooke being relieved at estate attorney and for his legal fees to be paid.
Attorney Cooke's affirmation and his testimony show legal fees owed in the amount of $3,500.00 and disbursements of $166.66.
Based upon the motion and supporting papers herein and the testimony of Edward Cooke,
file:///C|/Users/Peter/Desktop/NY/2/2007_51328.htm[4/21/2013 10:52:45 PM] Matter of Remillard (2007 NY Slip Op 51328(U))
Esq., Mary Lynn Hull, Co-Administratrix, CTA and Jaime Remillard Eaddy, Co-Administratrix, CTA, and after due deliberation had herein, it is
ORDERED, that Edward M. Cooke, Esq. is herein and hereby relieved as attorney for the Estate of M. Genevieve Remillard, and it is further
ORDERED, that the estate shall pay Edward M. Cooke, Esq. legal fees in the amount of $3,500.00 and disbursements in the amount of $166.66 forthwith, and it is further
ORDERED, that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy are removed as Administratices and letters approved to each are revoked forthwith, and it is further
ORDERED, that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy shall file an accounting within twenty (20) from services by mail of this Decision and Order that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy, and it is further
ORDERED, that a copy of this Decision and Order shall be filed with the Sullivan County District Attorney for investigation into the unauthorized misuse of estate funds.
This shall constitute the Decision and Order of this Court.
DATED: July 9, 2007
Monticello, NY
__________________________________Hon. Frank J. LaBuda
Sullivan County Court Judge

and Surrogate
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