Appellate Division: Second Judicial Department

M216838

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX, JJ.

2016-03553 APPLICATION In the Matter of Ira E. Berliner, a deceased attorney, for appointment of a successor inventory attorney. (Attorney Registration No. 1174606)

DECISION & ORDER ON

Application by Gary L. Casella, Esq., Chief Counsel, Grievance Committee for the Ninth Judicial District, to be relieved as inventory attorney for the files of Ira E. Berliner, a deceased attorney, and for the appointment of a successor inventory attorney. Mr. Berliner was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on January 15, 1973. Mr. Berliner died on November 24, 2015. Mr. Cassella was appointed inventory attorney by decision and order on application of this Court dated April 22, 2016.

Upon the papers filed in support of the application, it is

ORDERED that the application is granted, and Gary L. Casella, Esq., Chief Counsel, Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, New York 10603, is relieved as inventory attorney for the files of Ira E. Berliner, a deceased attorney; and it is further,

ORDERED that Carl David Birman, Esq., 235 Mamaroneck Avenue, Suite 300, White Plains, New York 10605, is hereby appointed as inventory attorney (1) to take custody of and inventory the files of Ira E. Berliner, a deceased attorney, including any original wills; (2) to take custody of and safeguard the records of any business, escrow, trust or special bank account of the deceased attorney not in possession of the Grievance Committee for the Ninth Judicial District; (3) to receive, open and read mail addressed to the deceased attorney at his regular place of business; and (4) to take such action as is deemed proper and advisable to protect the interests of the former clients of the deceased attorney; and it is further,

ORDERED that Gary L. Casella, Esq., Chief Counsel, Grievance Committee for the Ninth Judicial District, shall (1) turn over any of Ira E. Berliner's unclaimed files in his possession, including original wills, to Carl David Birman, Esq.; and (2) provide Carl David Birman, Esq., with a copy of a record of the inventory of the files of Ira E. Berliner accomplished thus far, together with newly discovered client contact information, and access information for the "Cloud" client files maintained by Ira E. Berliner on Worldox; and it is further,

ORDERED that the Grievance Committee for the Ninth Judicial District shall continue to retain any and all bank and bookkeeping records of Ira E. Berliner in its possession for safekeeping.

ENG, P.J., RIVERA, DILLON, BALKIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court