The Public Administrator joined in that cross motion. Oleg Cassini's 1992 will left his property to Nestor Cassini, with the exception of about $1.5 million for his daughters, Christina and Daria Cassini. of the SNT and, thus, entitled to the balance of the trust. Dr. N. M. Gregg first noted that the rubella virus could cause cataracts, deafness, heart deformities and mental retardation [in an unborn child . It may be questioned whether, as here, CPLR 321 (c) has any application at all to a circumstance where the attorney of record is a law firm composed of multiple individual attorneys. Get all the top news stories and alerts straight to your inbox. Thus, the order dated July 1, 2016, in effect, granting the cross motion to appoint a receiver, and appointing a receiver, should have been vacated in the interest of justice as having been the product of mistake, inadvertence, and surprise. It was here that the future designer received The fashion establishment was rather miffed that someone of He died on March 17, 2006, in Manhasset, New York, at the age of 92. This contention is unpersuasive. World War II, and spent most of the 1940s dressing his second wife, the Again, we disagree. By letter dated July 8, 2015, Reppert informed the Surrogate's Court and the other parties that he had to undergo surgery and it would be physically impossible for him to prepare for, and proceed with, the trial as scheduled. Tierney Cassini Granata Belmont purports to be the remainderman of the within Trust The defendant then sent a letter to the plaintiff's attorneys in which she acknowledged that her counsel had been suspended and directed that the plaintiff "send any papers directly to [her] until notified to the contrary" (Telmark, Inc. v Mills, 199 AD2d at 580 [internal quotation marks omitted]). "It is obvious that Mr. McKay and the other counsel who commenced review of this voluminous file would not be able to represent me in this action on such short notice and that I would be left without an attorney and that by the Court saying that it would proceed without me, [it] is prejudicing me for no apparent reason other than its apparent disdain for me and the case.". The statute is designed for the protection of a litigant who, through no fault of his or her own, has been deprived of the services of one's attorney of record and who, therefore, should be given a reasonable opportunity to obtain new counsel before further proceedings are taken against such party. Cassini worked steadily until his death, even designing a line of dresses She was previously married to Giuliano Granata Belmont. announced that she had chosen Cassini to serve as her official couturier. where his impressive portfolio of sketches landed him a job as an The Court of Appeals doubtless did not envisage Telmark as eviscerating the shield afforded litigants by CPLR 321 (c), but rather as preventing a litigant from using the statute as a sword by taking undue advantage through the stratagem of voluntarily proceeding pro se while keeping the CPLR 321 (c) issue in a back-pocket in order to belatedly nullify any adverse results. Accepting Marianne's version of events, she stated that she had engaged McKay to represent her, with both Marianne and McKay understanding that no trial date had been set. of London, including the one he designed for Kennedy at her The adverse parties themselves failed to serve the orders and also to serve the petitioner with a notice to appoint new counsel. is able to retain counsel to represent her in this case, since she will otherwise be severely prejudiced to proceed without legal representation"; and for other and further relief. Daughter of Gene Tierney and Oleg Cassini. Gene Tierney's first marriage to Oleg Cassini in 1941, they had their first daughter Antoinette Daria (known simply as Daria). B230315]). who was disabled and for whom Richard Rowe had been appointed as her guardian by She did not return during the trial. Harper averred that Marianne was evasive with her answers and Marianne had stated that she was aware that her attorneys had moved for leave to withdraw and that she would be seeking to replace them. Her death followed her sister Darias 2010 death. As a consequence, a stay went into effect with respect to the accounting proceeding on March 3, 2016. In a ruling regarding the wrongful death lawsuit filed against Nick Gordon, Fulton County Superior Court Judge T. Jackson Bedford determined that Gordon, who didnt have an attorney, had to pay Browns estate with $36,250,000, the Associated Press reported. {**182 AD3d at 27}It is notable that proceedings took place on April 6, 2016, without Marianne's participation, in the context of the accounting proceeding. judgment granting her objections regarding the claim of Marianne Nestor Cassini against of Christina's motion which was for summary judgment granting her objections Either way, the stay attaches, but subject to the court's authority to vary it in appropriate cases. His third wife, Marianne, told the press that a broken blood vessel in his head was the cause of death. CPLR 321 (c) expressly permits the court to grant leave to continue the proceedings, and deny a stay, in particular cases where the attorney of record has been removed or suspended. Seddio & Associates, P.C., Brooklyn (Frank R. Seddio and Mischel & Horn, P.C. Gene Eliza Tierney (November 19, 1920 - November 6, 1991) was an American film and stage actress. Nor did he assert that RK, or either of its constituent partners, was aware of, or on notice of, the March 14, 2016 order. The trial commenced as scheduled. Mysteries & Scandals 8.1 TV Series Self 1999 1 ep Biography 7.7 First, pursuant to CPLR 321 (b) (1), the attorney of record may withdraw or be changed by a stipulation signed by the outgoing attorney and signed and acknowledged by the client, with notice to be provided to the other parties to the action (see CPLR 321 [a]). Harper asserted that "Marianne decided to remain at the June 8, 2016 conference and to represent herself." In support of her motion, Christina established that she is the remainder beneficiary Getty death of Daria, the balance would be paid to Christina. balance of the trust ($387,696.46) had been tendered to Marianne, and stated: "On $13.8 million for pain and suffering as a result of assault. His mother's Italian family, the Cassinis, had ties to imperial Russia, and Cassini's maternal grandfather had been the Russian ambassador to the United States . In her affidavit submitted in support of her motion, Marianne argued that the proceeding was stayed pursuant to CPLR 321 (c) when Reppert was determined to be unable, due to health reasons, to continue representing her. AD2d 464 [1994]). Congressman Ron DeSantis (R) has just lost his 30-year-old sister Christina DeSantis. Here, however, there is nothing in the record indicating that Marianne's voluntary act or wrongdoing caused Reppert's withdrawal. head was the cause of death. Second, a person is aggrieved when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part" (Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010] [emphasis and footnotes omitted]). In this case, Marianne had two distinct attorneys of record. The conservator of the estate, Bedelia Hargrove, won by default because Gordon continued to fail to meet court deadlines in the lawsuit. Indeed, the Surrogate's Court's own statement that the cross motion was submitted, unopposed, in April 2016, raises questions. The Surrogate's Court appropriately severed the cross motion and held it in abeyance pending the court's determination of Reppert's motion for leave to withdraw. Also unavailing is the objectants' contention that the legislative purpose underlying the enactment of CPLR 321 (c) is to protect an unknowing client whose counsel failed to inform the client of counsel's suspension or disability. The objectants opposed Marianne's motion to vacate. In the 13-years since Cassini's passing; a battle over his $60million estate, waged between his widow, Marianne Nestor and his four grandchildren has dominated his legacy with sensational. Its not a mystery to me. Marianne was nominated as trustee of Daria's trust. Since McKay was not permitted to attend the conference as he was unwilling to enter a formal appearance, it cannot be said that Marianne's decision to participate in the conference without the benefit of counsel was wholly voluntary. Obviously, shes been released with the understanding that she is going to continue to comply., Sign up for WWD news straight to your inbox every day. The trust was to be funded with $500,000, and the net income of . of County Attorney, 61 NY2d 739, 742 [1984] [internal quotation marks omitted]; see Wells Fargo Bank Minn., N.A. In McGregor v McGregor (212 AD2d at 956), the attorney of record was disbarred. In June 2016, Marianne submitted a pro se opposition to the motion to preclude, as well as a pro se motion to "amend" the order dated November 5, 2015, and vacate the judgment entered thereon. Marianne was given until June 22, 2016, to interpose opposition to the objectants' motion to preclude, with the motion to be submitted on June 29, 2016. The service of a formal written notice to appoint from and after June 8, 2016, would have been an idle formality since Marianne knew, and was specifically advised by the court, that, if she wanted to have counsel, she would have to have one by the July 25, 2016 trial date. The first of the four appeals we determine is Marianne's appeal from the order dated March 6, 2017, which denied her motion to vacate the July 1, 2016 order, in effect, granting, upon Marianne's default, the objectants' cross motion to appoint a receiver, and appointing a receiver. Here, there is no evidence that Marianne knew that Reppert had a health impairment at the time she initially retained him some 10 years earlier. Cassini was also an astute entrepreneur, venturing into menswear and then In her affidavit submitted in support of that motion, Marianne asserted, as noted above, that during April and May 2016 she met with no fewer than five or six law firms regarding her case and their possible engagement. [FN2] But, according to Harper, Marianne appeared and participated in a conference at which Harper, attorneys for other parties to the proceeding, Shifrin, and Surrogate Reilly's then law clerk, Debra Keller, were present. Bobbi Kristina died at a hospice in July aged 22 Whitney Houston's daughter died as a result of immersion in water and drug intoxication, medical records show. when the Court indicated that it would not change the July 25,{**182 AD3d at 29} 2016 date and the Court further stated words to the effect that it would proceed with the trial with or without me and with or without counsel." "Oleg Cassini" hosiery, handbags, and even bed Keller introduced the receiver to the parties seated around the conference table. However, no order or other written documentation of this court action was issued. That cross motion had been made in the accounting proceeding and, according to Shifrin, had been severed from the primary motions, which were for leave to withdraw as counsel. It would make little sense to construe the statute as conferring a stay to protect a client who opposed counsel's application to withdraw due to disability, despite knowing of the attorney's incapacity, while denying a stay to a client who, recognizing that the attorney was disabled, did not object to the attorney's{**182 AD3d at 49} request to withdraw. German measles, by a zealous fan. v Coletta, 153 AD3d 757, 758 [2017]; HSBC Bank USA v Josephs-Byrd, 148 AD3d at 790). There is further compliance that is necessary to meet the terms of the order but she is out of custody to foster that.. Casey and I are deeply saddened by the death of our beloved Christina. at 1312). Reppert had represented the decedent for more than 15 years and represented OCI and Marianne for more than 20 years. By directing that the adverse party serve the order upon the client previously represented by the relieved attorney, the court can assure that the client is on notice that his or her attorney is relieved of further representation and that a new attorney should be retained. Houston revealed that her prognosis was grim a month later when she released a statement saying Brown had irreversible brain damage. The autopsy alone could not reveal the underlying cause of death because of the long interval between Ms. Brown being found unresponsive in the bathtub and her eventual death, the medical examiners statement continued. film star Gene Tierney, for a slew of hit movies. The court ordered that a warrant of arrest and commitment would issue directing the Nassau County Sheriff to arrest Marianne and take her into custody, and to bring her before the court to be committed to jail until she complied with the October 19, 2016 order. Nestor Cassini filed an affidavit in July, asking to be released from incarceration forthwith and for time to hire a new attorney before any further action in the case. In the letter, Harper set forth his narrative of the proceeding. WWD and Women's Wear Daily are part of Penske Media Corporation. Instead, there was handwriting near the lower left corner of the second page of the order to show cause reading, "Denied without merit," and bearing the Surrogate's signature and the date "7/21/16.". Reppert and his firm filed three identical motions for leave to withdraw as counsel, in the accounting proceeding and in two related proceedings, one commenced by the Public Administrator against Marianne to turn over property alleged to belong to the estate (hereinafter the turnover proceeding), and the other a proceeding relating to a special needs testamentary trust established by Marianne for Daria in accordance with the decedent's will (hereinafter the SNT proceeding). While it does not appear that the Surrogate's Court took Reppert up on his offer to share medical information with the court privately, the court, in granting Reppert's motions for leave to withdraw, made the specific finding and determination that Reppert was "unable to continue to represent [Marianne] due to health reasons." Bridget Murphy is a Newsday criminal justice reporter. N M Swerdlow, Astronomical chronology and prophecy : Jean-Dominique Cassini's discovery of Josephus's great lunisolar period of the Patriarchs, Cassini and the Division in Saturn's Ring, http://www.britannica.com/biography/Gian-Domenico-Cassini, Other: Jeff Miller's Mathematicians on Postage Stamps. However, Christina failed to make a prima facie showing of entitlement to judgment According to a letter that Kelly sent to Surrogate Reilly, dated May 25, 2016, Kelly received the March 14, 2016 order only two days earlier, i.e., May 23, 2016. Servs., LLC v Bernstein, 93 AD3d 421 [2012] [attorney, representing both himself and his law firm, was disbarred after pleading guilty to stealing client funds; no stay because his removal from the bar was the product of his own wrongdoing]). Further, in making this finding in its orders, the court put the objectants on notice that Reppert was unable to continue his representation of Marianne and was thus disabled, leading to the applicability of CPLR 321 (c). Here, we consider whether Marianne, who did appear pro se, did so voluntarily for a period of time before raising the CPLR 321 (c) issue. In March 2014, another judge suspended Nestor Cassinis control of the fashion designers estate after Christina Cassini alleged her fathers widow was mismanaging his millions. He was survived by his wife, Marianne Nestor Cassini, and two daughters from his marriage to the actress Gene Tierney, Daria Cassini and Christina Cassini (see id. Nestor Cassini is due back in court Thursday. Harper, in a later affirmation, claimed that the court declined to hear argument from McKay after he answered that he would not be making a general appearance for Marianne. Thus, Marianne knew as of June 8, 2016, that she had to retain new counsel if she wanted to have counsel represent her at the trial. Rowe, a cotrustee of a certain testamentary trust established for the benefit of Daria The court, in the October 9, 2015 decision, attributed the delay in the trial partly to the health issue of counsel and partly due to the necessity for a decision on the matters addressed in the November 5, 2015 order. It was a nervous crossing. outfits that Cassini made for Jacqueline Kennedy set several trends that Reached Sunday, Cassini said she preferred not to comment further. Thus, since she asked for relief but that relief was denied, Marianne is aggrieved by the March 6, 2017 order from which she appeals. Marianne requested, and received, the opportunity to submit opposition to the objectants' motion to preclude her from offering evidence at trial, among other motions, the return date for which was adjourned to June 29, 2016. However, despite knowing that Marianne's counsel was seeking to be relieved and seeking to have a stay imposed pending service of a notice to appoint successor{**182 AD3d at 21} counsel, the objectants cross-moved to appoint a receiver. New Jersey, USA Mini Bio Daria Cassini was born on October 15, 1943. Oleg Cassini (hereinafter the decedent) died on March 17, 2006, and was survived by his wife, Marianne Nestor Cassini (hereinafter Marianne), and two daughters from his marriage to Gene Tierney, Daria Cassini (hereinafter Daria) and the objectant Christina Cassini (hereinafter Christina). She will always be remembered in the thoughts and prayers of our mother's and father's families (Gene Tierney Lee and Oleg Cassini) and in the hearts of my four children . Certainly, where the attorney's withdrawal is caused by a voluntary act of the client, the court has the discretion to permit the matter to proceed without a stay (see Matter of Wiley v Musabyemariya, 118 AD3d at 899-900 [no stay where client voluntarily discharged attorney]; Sarlo-Pinzur v Pinzur, 59 AD3d at 608 [no stay where client refused to cooperate with counsel in preparing for trial]; Graco Constr. Cassini's, which spanned an astonishing 70 years. The Public Administrator also opposed Marianne's motion to vacate and did so for the same reasons set forth in the objectants' opposition. As corrected through Wednesday, May 20, 2020. Daughters Daria and Christina also survive him, as do four grandchildren. Their marriage was a secret for over 30 years. regarding Marianne's claim against the trust. Kennedy that his Hollywood experience would help him make her a fashion While Harper noted that the Surrogate's Court had allowed Sills Cummis and RK to withdraw by orders dated March 3 and March 14, 2016, respectively, he did not state when he first became aware of the existence of those two orders. (London), March 21, 2006, p. 63; Reconciliations were According to Harper, the court granted Marianne time to retain new counsel, scheduling an appearance on the cross motion for March 2, 2016. Kelly, in a later affirmation, averred that on or about March 14, 2016, RK received copies of the orders dated February 16, 2016. [Christina], the balance on hand is not properly payable to [Christina] but to She had just turned 30 when she suddenly died and was taken from this world. penniless when they arrived, they spent a few lean years living in a New The evidence presented included exhibits numbered up to 171 and Meanwhile, Marianne filed a petition in the Surrogate's Court, Nassau County, for judicial settlement of her intermediate account as executor, covering the period from March 17, 2006, through December 21, 2010, and listing total{**182 AD3d at 18} gross assets of more than $56 million (hereinafter the accounting proceeding). Schedule J of the accounting indicated that the Kelly stated that he just received the cross motion to appoint a receiver, also returnable on January 13, 2016, which he described as voluminous and complex and which, he asserted, bore no relationship to the pending motions for leave to withdraw. Christina upon Daria's death. Marianne's appeal from this order is addressed on a related appeal decided herewith (Matter of Cassini, [FN5] According to that order, the trial was to commence on July 25, 2016, and continue to July 29, 2016, day to day, irrespective of whether the parties were represented by counsel. Kelly left at least two messages for Keller, but those messages went unreturned. His mother's Italian family, the Cassinis, People While the objectants' brief discusses the March 14, 2016 order, the objectants do not respond to Marianne's contention that the March 14, 2016 order was not released to the parties until May 23, 2016. That action was dismissed for lack of personal jurisdiction over an indispensable party (see Cassini v Belmont, 2012 WL 3594378, 2012 Cal App Unpub LEXIS 6167 [Aug. 22, 2012, No. In addition to the record lacking any evidence that this order was ever officially entered upon the records of the court, the record does not contain any evidence that the order was ever served by anyone upon anyone. . Corp., 65 AD3d 510, 512 [2009]; Matter of Maeder, 203 All rights reserved. She ordered Nestor Cassini to pay surcharges of more than $20 million to the estate, a figure that with interest is referenced in court records as now equaling around $50 million. Christina Cassini was born on 19 November 1948 in New York City, New York, USA. By the order dated March 6, 2017, the Surrogate's Court denied her motion to vacate. 773 [2020]; Matter of Cassini, 180 AD3d 775 [2020]). Harper also stated that, after the April court date, the cross motion was submitted for decision. Brown and Gordon made headlines when they began dating and then said that they were married, something that came out as false while she was in a coma in February 2015, ABC reported. Before going into hospice care, Brown received medical care at Emory University Hospital in Atlanta, Georgia for two months, E! The SNT provided that, upon the Marianne voluntarily made a pro se motion on June 28, 2016, seeking to amend the order dated November 5, 2015, sustaining certain objections to Marianne's account and to vacate certain transcripts of judgments. Marianne claimed that she was told that the next court appearance would be on June 8, 2016. To the contrary, the record contains uncontradicted assertions by Kelly that he continued to ask the court for a decision on RK's motion for leave to withdraw from the accounting proceeding until May 23, 2016, when he finally learned of the existence of the March 14, 2016 order. Marianne contends that the order dated March 14, 2016, permitting RK to withdraw in the accounting proceeding was not "release[d] to the parties until it was faxed to [Kelly] more than two months later, on May 23, 2016. Developments Subsequent to the Orders Appealed From. Since the issuance of the July 1, 2016 order violated the statutory stay, it should have been vacated. 1953, the year their second daughter, Christina, turned five. establish the trust with funds not emanating solely from the Estate of Oleg Cassini and [2] Here, in moving for leave to withdraw from representing Marianne, Reppert asserted that, for medical reasons, he had been unable to fully return to the practice of law full-time since July 2015. The assets included, among others, Oleg Cassini, Inc. (hereinafter OCI), and Cassini Parfums, Ltd. (hereinafter CPL). Both parents were devastated by the Times Although not part of these appeals, the record reflects that the Surrogate's Court issued a decision after trial dated December 19, 2017. Cassini's only surviving child, daughter Christina, is entitled to half of the fortune under the original Cassini-Tierney 1953 divorce decree, one judge found, along with $1 million left to. If the moving party meets this burden, the burden Marianne posits that, since Reppert was found to be disabled from further representation of her, a stay pursuant to CPLR 321 (c) automatically went into effect and no further proceedings could be taken against her until a notice to appoint a new attorney was served upon her. at 1312). [Scott T. Horn], of counsel), for petitioner-appellant. In the order dated March 6, 2017, the Surrogate's Court denied Marianne's motion to vacate the July 1, 2016 order, in effect, granting the objectants' cross motion to appoint a receiver, upon her default, and appointing a receiver. intermediate accounting of the decedent's estate, dated December 31, 2010, shows that a Third, pursuant to CPLR 321 (c), if an attorney dies, "becomes physically or mentally incapacitated," or is removed, suspended, or otherwise becomes disabled at any time before judgment, no further proceedings may be taken against the party for whom the attorney appeared, without leave of court, until 30 days after notice to appoint another attorney has been served upon the party either personally or in such manner as the court directs. . In particular, Marianne filed the petition for judicial settlement of her intermediate account in December 2010 or January 2011. We do so because. his wife, Marianne Nestor Cassini (hereinafter Marianne), and two daughters from his With a few infrequent absences, McVie was a member of . three witnesses. The amended order dated November 13, 2017, denied Marianne's motion to vacate and declare void all decisions, orders, and judgments entered after March 14, 2016, as violative of the CPLR 321 (c) stay. Cassini was born in Paris in 1913 into a family bearing aristocratic In this Court, Marianne unsuccessfully sought to stay the accounting trial (2016 NY Slip Op 81906[U] [2016]). Marianne was appointed executor of the decedent's Cassini was born in Paris in 1913 into a family bearing aristocratic titles on both sides. She was romantically linked to OlegCassini before her royal marriage in 1956. In June 2014, after Christina petitioned for Marianne's removal as executor and the Public Administrator of Nassau County was appointed as temporary administrator of the estate, the Public Administrator was appointed administrator c.t.a., by agreement of the parties. After Cassinis 2006 death at age 92, the conflict pitted the widow against his two daughters from his marriage to 1940s movie star Gene Tierney. {**182 AD3d at 47} Whether such a disability has occurred, and when it occurred, may not always be readily known and, in particular, known to the adverse party. claim against the trust (see Alvarez v Prospect Hosp., 68 NY2d at 324; Brown Bark I, L.P. v Imperial Dev. Moreover, the objectants contended that Marianne, by actively participating in this proceeding as a pro se litigant since at least May 25, 2016, charted her own course as a self-represented party and could not now claim that vacatur was warranted. for David's Bridal the year before he died. We conclude that it was not, bearing in mind that on the July 25, 2016 trial date, Marianne appeared with prospective counsel, McKay.
