Appellate Division: Second Judicial Department

M221009

E/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX, JJ.

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

DECISION & ORDER ON MOTION

By decision and order on application of this Court dated August 17, 2016, Carl David Birman, Esq., was appointed to replace Gary L. Casella, Esq., Chief Counsel, Grievance Committee for the Ninth Judicial District, as inventory attorney for the files of Ira E. Berliner, who died on November 24, 2015. 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.

On the Court's own motion, it is

ORDERED that Carl David Birman, Esq., 235 Mamaroneck Avenue, Suite 300, White Plains, New York 10605, is relieved as inventory attorney for the files of Ira E. Berliner, a deceased attorney; and it is further,

ORDERED that Irene Greenberg, Esq., 1767 Central Park Avenue, Suite 360, Yonkers, NY 10710, 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 Carl David Birman, Esq., shall (1) turn over any of Ira E. Berliner's unclaimed files in his possession, including original wills, to Irene Greenberg, Esq.; and (2) provide Irene Greenberg, Esq., with a copy of a record of the inventory of the files of Ira E. Berliner accomplished thus far, including a copy of the record of the inventory of files provided to him by Gary L. Casella, 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