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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported By: Barbara Greenberg, C.S.R. Official Court Reporter 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 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 MARY ANN HENNEN, Index No. 16328-07 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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT CLERK: Index number 016328 of

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2007, in the matter of Mary Ann Hennen. Appearances? MR. HOLST: William Holst, assistant county

attorney from the office of Christine Malafi, County Attorney on behalf of petitioner. MS. HENNEN: propria persona. THE COURT: Good morning. Mary Ann Hennen, appearing in

This matter was scheduled for a very limited purpose. We have received a letter from

the special guardian, Vincent Berger, indicating that he had received the deed to Miss Hennen's property but he was having an issue as far as recording it. He didn't have the recording fee We

and asked for a conference to be scheduled.

scheduled a conference and indicated Mr. Berger could participate by telephone. That matter was

adjourned to today and Mr. Berger is available by telephone. So what we can do is get

Mr. Berger on the phone and we'll keep a record. We'll make a record. MS. HENNEN: MR. HOLST: Thank you, your Honor. Your Honor, for the record,

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can I read a section of the Court order dated -MS. HENNEN: MR. HOLST: THE COURT: time. MR. HOLST: I would just in terms of I object. -- May 30 of 2008? First of all, we need one at a

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putting this matter into context, I'd like to read from the Court order of May 30, 2008 with respect to what Mr. Berger is supposed to do in this matter. THE COURT: guardian? MR. HOLST: Well, the Court expressed You mean his role as special

concern related to the issue of real property, and that issue was concern over the disposition. The Court noted that Miss Hennen has obtained several binders for the sale of her residence and as of the date of the hearing had not selected which offer to accept. This

potentially could result in one or more interested potential contract purchasers deeming her to be in breach of contract when one offer is finally accepted. My understanding of the Court order was

1 2 that the special guardian, Mr. Berger, was

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supposed to sort through what offers were acceptable and with the Court's supervision, consummate a transaction. That will protect

Mary Ann Hennen in terms of avoiding the problems noted by the Court with where there could be potential purchasers that would actually result in litigation which would actually be very costly to Miss Hennen. THE COURT: I understand all that but the

purpose of today's conference is a very limited purpose, to discuss how Mr. Berger is going to get the deed recorded which then ultimately is to Miss Hennen's benefit. Her deed will be on

record and she can go ahead and the sale can be completed if that's what she wishes to do. MS. HENNEN: Thank you, your Honor. Now

I'd like to make another point. MR. HOLST: I would note that the position

of the Department of Social Services, based on the Court's own order, that the expectation was that there would be Court supervision and supervision of the special guardian and to transfer the deed to her name.

1 2 3 4 THE COURT: MS. HENNEN: Wait. Who are these parties?

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

assistant of counsel.

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work. MS. SCOFIELD: THE COURT: Mr. Fisher? MR. FISHER: THE COURT: No. Neither one of you are Terry Scofield.

Are you an attorney,

attorneys admitted to practice? MS. HENNEN: my research. No. They just help me with

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

they assist me. THE COURT: proceeding. MS. HENNEN: witnesses. MR. HOLST:

Okay, they will just be

And the other point that we'd

like to also remind the Court of is that Ms. Hennen had the opportunity engage her own counsel, and Mr. Berger was supposed to either work with that person that she selected or if she was unable to retain counsel, that he would be involved in selecting counsel, and it hasn't

1 2 3 4 5 6 been done. THE COURT: purpose of today. Mr. Berger. You're going way beyond the Let me see if I have

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Mr. Berger? Yes?

MR. BERGER:

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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

was limited to addressing Mr. Berger's letter with respect to the ability to record the deed; is that right, Mr. Berger? MR. BERGER: Correct, Judge, and as I

understand it an application made by Mr. Holst -MR. HOLST: MR. BERGER: THE COURT: MR. HOLST: Right. -- addressing that point. Addressing that point. Right. I also wrote a letter

on the same date addressing the whole issue about whether or not there would be supervision by the special guardian in terms of a transaction. THE COURT: Well, the notice --

1 2 3 4 5 6 7 8 MS. HENNEN: lawyer. Ian Wilder is my real estate

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I have my own lawyer and I told

Mr. Berger that I have legal representation. THE COURT: for the record. Miss Hennen, let me say this We had noticed Mr. Wilder on

the order scheduling today's conference and indicating that if he is serving as counsel,

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he's directed to appear, and he was granted leave to contact chambers to arrange for his appearance by phone. We're trying limit the My understanding is

cost as much as possible.

that Mr. Wilder called chambers and indicated he does not represent you, and that's why he's not here. MS. HENNEN: Not in the guardianship.

He's only representing me with the real estate, and I have decided not to sell my house because of the depressed market. So basically, what I'm

requesting today is that I be provided with the original deed to my house. myself in Riverhead. I will record it

And I will put the house

on the market when it's appropriate. THE COURT: Mr. Berger, let me ask you if

you have the deed in your possession.

1 2 3 4 5 6 7 8 9 10 MR. BERGER: THE COURT: 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 surviving co-trustee, et cetera, to as party of the first part to Mary Ann Hennen and an individual residing at Bayview Avenue, Northport. THE COURT: But it's not Miss Hennen

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individually? MR. BERGER: THE COURT: Yes. Miss Hennen indicated at this

point she doesn't want to sell her house. That's the power among others that was given to Mr. Berger, to go through the offers and review the offers and with Mary Ann Hennen's consultation determine how to proceed, who to sell it to. MR. BERGER: We have done that, Judge. We

last year reviewed offers, and Miss Hennen was not interested in going ahead with anything. as of maybe September or October of last year, the slate has been cleared. that I know of. There is no offer So

She has no interest in selling

1 2 3 4 5 6 7 8 9 10 11 12 her house. She's not advertising it. There is

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no sign on the property, and I accept that. That's my function to be involved if and when she decides to sell the house and has an offer. Just to address Mr. Wilder, Mr. Wilder indicated that he would be willing to represent her if the house was sold. But that's the only

involvement I think that Mr. Wilder is 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 he will be your real estate attorney. MS. HENNEN: MR. BERGER: THE COURT: Correct. I have no problem with that. The only issue, Mr. Holst, what

you're talking about is a special guardian going ahead and completing a sale. Miss Hennen

indicated at this point due to the depressed market, and there is certainly a rationale for that -MR. HOLST: I'd just like to read from my

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 of Social Services, the undersigned requests a conference hearing as to whether there is a subtantial risk of Mary Ann Hennen losing such asset in the event the premises are conveyed directly to her. The position of the Suffolk

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County Department of Social Services is that Mary Ann Hennen has demonstrated a serious lack of judgment and insight with respect to her financial interests. The Suffolk County

Department of Social Services understood that the Court would supervise a transaction to a third party and the proceeds of such transaction, pursuant to the order dated October

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7, 2008." So I think that by simply giving it to her, we're undermining the protections that we thought we had in place and that now could be lost. THE COURT: filed? MR. HOLST: No. The property was in title Is there a notice of pendency

to a trust so it was not a situation where it was in her name where we normally file a notice of pendency.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 you. THE COURT: If the property were to go into

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her name, Mr. Zweroff -MR. BERGER: THE COURT: MR. BERGER: Judge, may I say something? Yes. The only person I can hear is

I know that somebody else is talking in It sounds like Bill Holst, but

the background.

I can't understand what he's saying. THE COURT: Mr. Holst in effect said that

the county is concerned that if the property goes into Mary Ann Hennen's name as a matter of record that she runs the risk -- tell me if I'm wrong -- of losing the property due to essentially what has been demonstrated as a lack of judgment and ability to make rational

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decisions. You indicated that if Miss Hennen doesn't wish to sell the house at this point, you're taking no steps to effectuate any sales. MR. BERGER: That's correct. I haven't

and I don't intend to.

In fact, if I do

entertain a sale, the Court in its order, your order appointing me, requires me to bring on an Article 17 proceeding. So I can't and would not

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 and right now have none, no prospect of a sale from anyone whatsoever. standstill. So it's at a

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The only issue is, should that deed And Mr. Holst, I think,

be recorded or not.

takes the position that I think is a reasonable one, but that's something I have to defer to the Court on. THE COURT: And I was asking if a notice of I'm

pendency would provide some protection.

going to ask Mr. Zweroff, the law secretary. MR. ZWERFOFF: The notice of pendency would

be filed if the property was in possession of an intestate person at the commencement. It should

be filed prior to the filing of an order and judgment. There is a statement, if there is an

existing guardianship, it is to be recorded reflecting the guardianship as to all real

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property.

But since we only have a special

guardianship for the purpose of selling, I'm not sure of the application of that section in this circumstance either. MS. HENNEN: Your Honor, I'm also applying

for a reverse mortgage, so as soon as the deed is recorded, I can apply for my reverse mortgage

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 and have funds to maintain the house and to fix it up at a future date when I do intend to sell it. But because of all of this, all of the

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proceedings which have continued for so long, the house has been devalued. So it would not be

in my best interests at this point to sell the house in a depressed market. I will apply for

my reverse mortgage and then I will wait for the market to pick up. THE COURT: MR. BERGER: Did you hear that, Mr. Berger? Yes, I heard part of that.

Miss Hennen indicates that she would like to apply for a reverse mortgage. If she does that,

Judge, and all other things considered including whatever concern Mr. Holst may have, the deed then would -- could be produced at the closing of the reverse mortgage. So that would mean

that the mortgage would go on record simultaneously with the deed, and in itself

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would be a lien against the premises that would have to be satisfied. I don't know if it

continues to protect Miss Hennen as you would like to protect her though. But at least right

now, if the deed went on record there is no

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 mortgage that I know of and no encumbrance that I know of, and I don't think there is a notice of pendency. So the property would be out there If a mortgage is placed on it I could deliver the

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for the taking.

that's a different story.

deed simultaneously with the closing on the mortgage. I don't know if that addresses

Mr. Holst's concerns. MS. HENNEN: point. point. I'd like to make another

I do have a prospective buyer at this I haven't decided whether or not I'm

interested in taking their offer. THE COURT: Then we come back into the

clear terms of the special guardianship where Mr. Berger is empowered and directed to review the offers and assist you. MS. HENNEN: estate lawyer. eight years. THE COURT: I understand, but Mr. Berger is I have Ian Wilder as my real

I have known him for seven or

the special guardian that's been determined and

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adjudicated.

He's not counsel to represent you

on the sale and I think the order is very clear that you can chose your own counsel.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. BERGER: MS. HENNEN: It is. What I'm requesting today is

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I'd like the original deed to my property, which John Rieger transferred on April 6. Mr. Nardo

faxed him a letter demanding that he transfer the deed to me, which he did on April 6. allowed Mr. Holst to read his motion. You

I request

that I also be allowed to read the motion that I filed. MR. HOLST: THE COURT: MS. HENNEN: please? If Your Honor -Let her finish. Will you let me finish,

Thank you. Your Honor, while you're doing

MR. HOLST:

that, I just want to remind everyone that I think one of the things that precipitated the County's petition was that Miss Hennen was without heat and without title to the house. She couldn't get a heat benefit. If I'm

correct, that's one of the precipitating factors of the County bringing that petition. Because

of the commencement of the guardianship and because it transpired, I believe she was able to

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get heat; is that right?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15. "I, Mary Ann Hennen, am requesting the Court's intervention to secure the original deed to my property. I'm enclosing a letter from MS. HENNEN: guardianship. Yes -- no, not with the I have

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I'm renting rooms.

tenants and I have never been -- I want to state for the record I have never been without heat. I have a fireplace. THE COURT: I think that was reviewed and I'm not

there were questions about the safety.

getting into that now and there were questions about repairs to the house and insurance coverage. MS. HENNEN: THE COURT: MS. HENNEN: You allowed Mr. Berger -Go ahead. This is what I filed on July

Raymond Nardo to John Thomas Rieger dated April 3, 2008. On April 6, 2008 John Rieger However, he did not

transferred the deed to me.

provide Mr. Nardo with the original deed and sent him a copy. John Rieger instead gave the Debra Isler has

original deed to Debra Isler.

been in possession of the original deed since

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 6, 2008 which has prevented me from selling my property to one of several prospective buyers. On July 3, 2008 I received

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a letter from Vincent Berger, Junior, P.C., which is enclosed. I have made several attempts I

to contact Mr. Berger since July 3, 2008.

related my futile attempts to contact Mr. Berger to Dr. Frederick Oakes who intervened on my behalf by calling him. Mr. Berger's secretary,

Carol, informed me that Mr. Berger would meet with me on Wednesday, July 9, 2008 for one half hour. I provided Vincent Berger with

documentation as per the Court's instructions including several offers to purchase my house. My most recent offer is dated June 28, 2008 from Chris and Diana Murray. Mr. Berger left our

meeting abruptly before my options were discussed. I have made several more attempts to

contact Mr. Berger to discuss his obtaining the original deed from Debra Isler and delivering it to me, these attempts having been in an order on Monday July 14. Miss Patricia Friedman, Miss

Julia Gambino, and Mr. William Hayes accompanied me to Mr. Berger's office. They witnessed my

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delivering further documentation to Mr. Berger to him regarding what was not discussed on July 9, 2008. I also informed Carol, actually I

spoke to Carol that the signing of the notice of settlement which is scheduled for July 17, 2008 must be adjourned until he agrees to meet with me and/or legal counsel of my choice. As

recently as Tuesday, July 15, 2008 at four p.m. Mr. Berger had not responded to my or Patricia Friedman's numerous and urgent attempts to contact him. We were informed that Berger won't

be in any office until next week and that no one affiliated with his law firm would contact the Court to request an adjournment for the signing of the notice of settlement." In the interim, Your Honor, Debra Isler did provide Mr. Berger with the original deed. received the letter on December 3. On I

December 5 -- Miss Friedman is in the Court. Miss Julia Gambino and I went to Mr. Berger's office and I said, "I'm thrilled that we finally have the original deed. May I please have it?"

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

1 2 3 so to do anything now would be going backwards. You signed the order --

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THE COURT:

No, I signed the order and

judgment, I believe. MS. HENNEN: The Court is in receipt of a

letter dated December 3 from the special guardian, Vincent Berger, Esquire, and a copy of the deed with John Rieger as surviving co-trustee under the Nicholas Psaroudis revocable living trust dated January 26, 2001 conveying real property to Mary Ann Hennen. Mr. Berger notes that Debra Isler, Esquire, had previously been directed to deliver the deed to Mr. Berger but had not indicated whether the deed should be recorded. Mr. Berger indicates

that he's seeking the Court's approval to record the deed but that he has no funds for the recording charges which he estimates should be approximately $225. The Court agrees with

Mr. Berger's implicit suggestion that the deed should be recorded. Under the unusual

circumstances of this matter, Mr. Berger should first make an inquiry to the Suffolk County clerk as to whether the recording charges can be

1 2 3 4 5 waived. If that's permissible he should record In the

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the deed and so report to the Court.

event that the recording charges can't be waived in full, Mr. Berger should move on notice for an

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order permitting him to record the deed and imposing responsibility for the cost thereof upon Mary Ann Hennen. This might include a

request for permission to advance the funds and seek reimbursement by future sale of the property. Presently, the request by Mr. Berger

for permission to record the deed as set forth in his December 3, 2008 letter is granted only to the extent and upon the conditions stated above." I was all excited when I received this order and I was all set to go to Riverhead myself and record the deed. I have the $225, so

what I'm requesting today is that you order Mr. Berger to provide me with the original deed. We'll go to his office and and pick it up today and I will take it out to Riverhead and record it myself. THE COURT: And Mr. Holst is opposed to the

recording of the deed?

1 2 3 4 5 6 7 MR. HOLST: I think it's totally

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inconsistent with all the Court's prior orders. Your Honor's order of May 30 says, "The clear and convincing evidence before the Court establishes that the alleged incapacitated person, Mary Ann Hennen, suffers from functional

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limitations."

The order and judgment gives

Mr. Berger certain powers. "One, to enter into a retainer agreement with legal counsel selected by Mary Ann Hennen or if she fails to make a selection of counsel, to seek appointment of an attorney consistent with the provisions of Part 36; "Two, serve as Mary Ann Hennen's representative for the execution of all documents, if necessary, for Mary Ann Hennen to obtain title to the premises at 178 Bayview Avenue, Northport, subject to the possession of the special guardian and to the control of the Court for the purposes of administration, sales or other disposition," and then the part about evaluating the various offers. MS. HENNEN: MR. HOLST: What's the date of that? Let me finish. The fact that

1 2 3 4 5 6 7 8 9 Mr. Berger has not been able to supervise a transaction does not preclude the Court from amending the order to have the special guardian have the power to supervise a reverse mortgage. He can do that as well. That would also protect

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Mary Ann Hennen but short of that, we would make an application to make Mr. Berger the temporary guardian so that we avoid the situation where

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there's been a finding that Miss Hennen suffers from functional limitations that the Court has determined, and if she gets engaged in a whole bunch of claims regarding people to her house and contracts to her house, that she won't be protected and she'll end up losing the only real asset that she has. MS. HENNEN: THE COURT: MS. HENNEN: 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: read the order -THE COURT: I believe it's October. That's back in May. I just

1 2 3 4 5 6 7 8 9 10 11 MS. HENNEN: June. No he, was appointed in May or

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What's the date of that order? Well, I read two orders. I

MR. HOLST:

read the order and judgment that I have dated May 30, and I also read an order and judgment. MS. HENNEN: I read into the record the

order that you signed on February 17, 2009, so we're going backwards. Why would we go

backwards when you signed an order ordering Mr. Berger to record the deed? All I need is

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the original deed.

I will go to Riverhead

myself today and record the deed and we can end this and we don't have to drag this out for another couple of years. THE COURT: Mr. Berger, your question to

the Court is, your understanding is you were empowered to record the deed. regarding the fee? MR. BERGER: No, I felt -- I think your Your question was

order is silent as to whether I should record the deed. So there are two issues, A, should I

record the deed and, B, where do I get the money from? THE COURT: The order of February 17 that

1 2 3 4 5 6 7 8 9 10 11 12 13 people are referring to indicates after making inquiry as to the waiver of the charges, if that's permissible, he should record the deed and so report to the Court. MR. BERGER: THE COURT: Okay. In the event charges can't be

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waived, Mr. Berger should move on notice for an order permitting him to record the deed and imposing -MR. BERGER: I inquired of the County Clerk

and found there is no way to waive the recording charges.

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MS. HENNEN:

I do have the $225, so what

I'm requesting that Your Honor do today is instruct Mr. Berger to provide me with the deed. We'll go pick it up and I will go to Riverhead and record the deed. Your Honor, I request that the conversation be on the Court record. THE COURT: secretary. record. THE COURT: from two orders. Mr. Holst, you were reading One was a May order. I'm consulting with the law

That does not have to be on the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MR. HOLST: judgment -THE COURT: The one from May had language And then the order and

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regarding the statement -- we have a lot of pages in this case. MR. HOLST: The order from May 3 starts

out basically saying, "The clear and convincing evidence before the Court establishes that the alleged incapacitated person, Mary Ann Hennen, suffers from functional limitations." THE COURT: MR. HOLST: THE COURT: hearing? That's the decision. This is -Is that the decision after

Is that what that is, the memorandum

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and order? MR. HOLST: MS. HENNEN: respond to that. I believe so. Your Honor, I'd like to I'd like to read into the

record an affidavit which was never filed by anyone -MR. HOLST: I object to anything that's not

part of the record. THE COURT: hearing. We're not reopening the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 MS. HENNEN: THE COURT: is closed. It's from doctor -He's not here, and the hearing

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I'm trying to stay focused on the

recording the deed issue. So Mr. Holst, the county is concerned that if title is in Miss Hennen's name without any additional recordings, that she runs the risk of losing the property? MR. HOLST: Yes, your Honor. And as far as

the chronology goes, I believe we had the hearing on May 14, 2008. I think the Court

reserved decision and then came out with the order of May 30, 2008. THE COURT: Right. The language in the

order and judgment of October 7, the order appointing a special guardian, "It is ordered

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and adjudged," paragraph F, under number 2, "the power to serve as Mary Ann Hennen's representative for the execution of all documents necessary for Mary Ann Hennen to obtain title to the premises at Bayview Avenue, Northport subject to the possession of the special guardian and to the control of the Court for the purposes of administration of the sale

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 or disposition." After consulting with the law secretary, I believe that language would authorize Mr. Berger to file the statement, not necessarily a notice of pendency but there is a statement pursuant to Section 81.20, subdivision 6, small V, and that authorizes a guardian to file with the recording officer of the county where the property is located an acknowledged statement to be recorded and index identifying the real property and stating the date of the adjudication, et cetera. So Mr. Berger, you're familiar with that? MR. BERGER: Yes, I am, Judge. Normally

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that applies to a situation where there is a property guardian, but I'm aware of it. THE COURT: So it would seem to me that all If that

the purposes could be accomplished.

statement is recorded and the deed is recorded,

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then there is notice that there was a proceeding. property. Miss Hennen would have title to the It would be on notice to the world

that she owns the property and then if she decided subsequently to engage in a sale, the provisions of the special guardianship would

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 then kick in and be applicable. It would seem

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to me that would serve your purposes, Miss Hennen's purposes, the county's purposes. MR. HOLST: As long as that's going to be

considered part of the enumerated powers. Otherwise we'd make application to amend the powers to specifically give that additional power to Mr. Berger. MS. HENNEN: provisions. Your Honor, I object to any

I want the original title because

Mr. Nardo, who was representing me, is responsible for the title being transferred. THE COURT: documents? Are you saying the original

You have title? But he didn't provide me with

MS. HENNEN: the original. THE COURT: original deed? MS. HENNEN: THE COURT:

You're talking about the

Yes. You have title.

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MS. HENNEN:

So basically, Your Honor, it

was Mr. Nardo who was responsible for Rieger transferring the title. He sent the letter. I

have his letter which is in the file, and he

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 said, I demand that you transfer the title to Miss Hennen's property, which Rieger did on April 6. THE COURT: MS. HENNEN: THE COURT: Correct. It was transferred to me. And you have title to the

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property, but it's not recorded. MS. HENNEN: Because Mr. Rieger didn't

provide me, Mr. Nardo with the original deed. We thought Rieger had it. We didn't realize -THE COURT: MS. HENNEN: I understand. We're past that.

Basically what I want is my I want to record

original deed, no provisions.

my deed today, myself and either sell my house or do whatever I have to do. THE COURT: As I indicated, if you're

choosing to sell, then the special guardian has the powers as enumerated. MS. HENNEN: next summer? THE COURT: As long as that guardianship is If you're What if I decide to sell it

in existence, he has that power.

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talking about terminating the guardianship, there are formal applications, there are

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 procedures and it has to be done. Right now as

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we sit that guardianship is in effect and remains in effect indefinitely. Mr. Berger, if you record that statement then I suppose it really doesn't matter if he records the deed or Miss Hennen records the deed. MR. HOLST: Your Honor, I would suggest

that Miss Hennen give the money that she says she has to Mr. Berger, make sure Mr. Berger, who is an attorney, has it done properly, that it's properly filed and recorded. THE COURT: interests. MS. HENNEN: Okay, I would also like to It's probably in your best

state for the record that I met with Mr. Larry Gray for three hours on Sunday and he says the sole purpose of this hearing is to get the original deed to your property in your hand and you request the Judge to order Mr. Berger or Mr. Holst or whoever is in possession of the original deed to provide me with the original deed, and he and I will go out to Riverhead to record --

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: this proceeding. MS. HENNEN: 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

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proceedings, other than you had a conversation with him. MS. HENNEN: property. All want is the deed to my It took me seven

This dragged on.

years to get the property from Rieger to my name. The county spent three hours in May

trying to get the title out of my name and into their name. THE COURT: that. I don't know anything about

As a result of the guardianship the deed

has been conveyed to you. MR. HOLST: If the county hadn't brought

the guardianship petition, we wouldn't even be this far. THE COURT: I just said that as far as I

know it's as a result of this proceeding that the title was conveyed to Miss Hennen. MS. HENNEN: record the deed? Will you direct Mr. Berger to We'll accompany him and go out

to Riverhead and record the deed.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. THE COURT: MS. HENNEN: THE COURT: MS. HENNEN: THE COURT: MR. BERGER: THE COURT: MR. BERGER: somebody speaks. THE COURT: Miss Hennen indicated and I 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

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indicated if you filed a statement as set forth in the section that I cited -MR. BERGER: THE COURT: I will do that. And I asked Miss Hennen, she

says she has the recording fee, and I indicated she should turn that over to you so it can be recorded. She indicated she wanted to accompany

you when you record it, but I don't know if that's your policy to physically take it. MR. BERGER: I'm not going to personally do

I'm going to send it certified mail return That's

receipt requested to the County Clerk. the way I do it. THE COURT:

Perhaps you can notify Miss

1 2 Hennen when you're about to do that.

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3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. HENNEN:

Is there a problem with us

picking it up and my recording it? THE COURT: The section that I just cited

in the order and judgment indicates that the special guardian is to maintain control, to make sure that the process is done. My direction

would be that Mr. Berger file the statement, file the deed but that you provide him with the funds. deed. MS. HENNEN: being involved. THE COURT: I object to any guardian I don't need a guardian. I know you have objected, but Unless and until He will give you the receipt to file the

that's been adjudicated.

somebody finds otherwise, that's what stands on the record. I have made a determination

following a hearing. Anything else? MR. BERGER: Mr. Berger?

The County Clerk will accept

an attorney's check but will not accept any other -THE COURT: indicated. I understand what Miss Hennen's

I think you have it in cash?

1 2 3 4 MS. HENNEN: THE COURT: Yes. If she provides you with cash He's indicating

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you will give her a receipt.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that the county clerk wants an attorney's check for recording the deed. MS. HENNEN: THE COURT: check. MS. HENNEN: Okay, now when this deed is An attorney's check? Mr. Berger has an attorney's

recorded, how is the county involved or this guardian or Mr. Berger involved in my life if I don't want -THE COURT: We have gone over that and I'm

going to have to bring the proceedings to an end. He's special guardian. The order is for

an indefinite period.

Unless and until that

changes, you're free to bring an application, a formal application if you wish to try to terminate it. But unless and until something

changes, he's the special guardian with the powers that were granted in the October 7, I believe -MR. BERGER: THE COURT: October 7, 2008. -- October 7, 2008 order and

1 2 3 4 5 6 judgment. All right. So Mr. Berger, if Miss

35

Hennen brings the cash to your office, someone will give her a receipt, correct? MR. BERGER: Yes. I'd like her to make an

appointment to do that.

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE COURT:

He's asking that you call him

and make an appointment when you're going to come. MS. HENNEN: THE COURT: morning? MR. BERGER: with my secretary. THE COURT: MR. BERGER: Carol. I don't know exactly what Yes. She can leave the funds I'm coming right now. Can she come today, this

they're going to be, but we're going to try to find out from the County Clerk. THE COURT: she comes. MR. BERGER: MS. HENNEN: I will try, Judge, yes. Your Honor, I'd like you to Okay, would you have that when

order him to record it as soon as he gets it, as soon as possible, not ten weeks from now. THE COURT: He will do it expeditiously,

1 2 3 4 5 6 7 8 correct, Mr. Berger? MR. BERGER: I will do it within 24 hours

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after I receive the money. THE COURT: MS. HENNEN: THE COURT: MR. HOLST: Within 24 hours. Thank you. Thank you. Thank you, your Honor.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE COURT: MR. BERGER: THE COURT: MR. BERGER: order? THE COURT:

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

No.

I indicated that in the

powers that are in the order and judgment. MR. BERGER: Okay. I was just wondering if

you were going to do a further order on the basis of what occurred today. THE COURT: We have a transcript.

-oOo-

1 2 3 4 5 6 7 8 9 10 ____________________________________________ The foregoing is certified to be a true and accurate transcript of the stenographic notes for the above-captioned matter. CERTIFICATION

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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Barbara Greenberg, C.S.R., Official Court Reporter, Supreme Court, State of New York