Appellate Division: Second Judicial Department

M186216

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2008-07114 In the Matter of James T. Hytner, admitted as James Thomas Hytner, a disbarred attorney. (Attorney Registration No. 2351716)

DECISION & ORDER ON MOTION

Motion by Robert P. Guido, Executive Director for Attorney Matters, who was appointed by decision and order on application of this Court dated November 7, 2013, as inventory attorney for the files of disbarred attorney James T. Hytner, admitted as James Thomas Hytner, (1) for leave to deposit, pursuant to Surrogate's Court Procedure Act § 2507, without fee, or file, pursuant to Surrogate's Court Procedure Act § 2508, any unclaimed wills in his possession with the appropriate Surrogate's Court, (2) to authorize the destruction of any remaining files contemplated by the court-ordered inventory that remain unclaimed, (3) for leave to turn over to the Grievance Committee for the Tenth Judicial District any and all bank and bookkeeping records of James T. Hytner, admitted as James Thomas Hytner, for safekeeping, and (4) to be discharged as court-ordered inventory attorney in the above-captioned matter, upon completion of the foregoing.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that Robert P. Guido, Executive Director for Attorney Matters, shall deposit and/or file any unclaimed wills in his possession with the appropriate Surrogate's Court pursuant to Surrogate's Court Procedure Act § 2507 and/or § 2508, as may be applicable; and it is further,

ORDERED that the Surrogate's Court shall waive the fee imposed for any unclaimed will deposited by Robert P. Guido, Executive Director for Attorney Matters, in connection with this matter; and it is further,

ORDERED that Robert P. Guido, Executive Director for Attorney Matters, is authorized to destroy by incineration or shredding, any remaining files contemplated by the court-ordered inventory that remain unclaimed; and it is further

ORDERED that Robert P. Guido, Executive Director for Attorney Matters, shall turn over to the Grievance Committee for the Tenth Judicial District a record of all files inventoried, and shall advise whether those files were delivered to clients or their counsel, or remained unclaimed and were destroyed pursuant to this order; and it is further,

ORDERED that Robert P. Guido, Executive Director for Attorney Matters, shall turn over to the Grievance Committee for the Tenth Judicial District any and all bank and bookkeeping records of James T. Hytner, admitted as James Thomas Hytner, a disbarred attorney, for safekeeping; and it is further,

ORDERED that upon completion of the foregoing, Robert P. Guido, Executive Director for Attorney Matters, is discharged as court-ordered inventory attorney in the above-captioned matter.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court