M.L.P. v M.T.P.

Supreme Court, Nassau County

Decided on April 24, 2026

Index No. xxxxxx/2025

Edmund M. Dane, J.

The following papers have been read on this motion:

Plaintiff's Order to Show Cause dated December 22, 2025 x

Defendant's Opposition dated March 20, 2026 x

PRELIMINARY STATEMENT

The Plaintiff moves by Order to Show Cause dated December 22, 2025 (Motion Sequence No.: 001) seeking an Order: (A) Pursuant to CPLR § 6401, and in accordance with any terms and conditions set forth by the Court, appointing a Court-Appointed Temporary Receiver to hold (in an escrow account established by the Receiver) and safeguard the parties' marital assets, including the funds held in JPMorgan Chase Account x8822 (the "Chase Account"), subject to any distributions as agreed between the parties, or recommended by the Receiver to satisfy the parties' reasonable expenses or to otherwise manage the marital estate, or by Order of this Court; (B) Granting the Temporary Receiver leave to sell the parties' marital assets, namely, the parties' Corvette motorboat, 2019 Jaguar I-Pace, and AirStream Atlas motorhome ("Marital Vehicles"), and maintain all net proceeds in the escrow account established by the Receiver subject to any distributions as agreed to between the parties, or recommended by the Receiver to satisfy the parties' reasonable expenses or to otherwise manage the marital estate, or by Order of this Court; (C) Granting Plaintiff temporary exclusive use and occupancy of the parties' Jiminy Peak Residence; (D) Directing Jiminy Peak Mountain Resort, LLC to send all rental income generated from the parties' Jiminy Peak timeshare located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx (the "Jiminy Peak Residence") to Plaintiff to utilize for the payment of all expenses associated with the Jiminy Peak Residence and to the extent there is any excess rental income, same shall be deposited in escrow with the Temporary Receiver; (E) [*2]Directing that any and all fees and costs associated with said Receivership, including the Receiver's compensation, be paid from the escrow account established by the Receiver, and ultimately deducted from the Defendant's share of equitable distribution; (F) Directing that within 24-hours of the appointment of a Temporary Receiver, JPMorgan Chase Bank, N.A., and/or its employees or agents with control over the Chase Account in Defendant's name, shall transfer the entirety of the funds in the Chase Account to an escrow account as designated by the Temporary Receiver; (G) Restraining JPMorgan Chase Bank, N.A., and/or its employees or agents from releasing any funds from the Chase Account except as otherwise specified by Court Order, until further order of this Court, and restricting access to said account by anyone unless permitted by an Order of this Court; (H) Granting Plaintiff such other, further and different relief as is just, proper and equitable.

BACKGROUND

The parties were married on November 2, 1985. The parties have three children, who are all emancipated. This action for divorce and ancillary relief was commenced by the filing of a Summons and Complaint with the Nassau County Clerk's Office on or about December 22, 2025. The Plaintiff appeared by and through counsel, Mantel McDonough Riso, LLP. The Plaintiff filed the instant Order to Show Cause on December 22, 2025 on an ex parte basis, and upon the signing thereof, the Court (Hon. Elizabeth Fox-McDonough, J.S.C.) issued the following interim Order(s):

ORDERED, that JPMorgan Chase Bank, N.A., and/or its employees or agents are hereby restrained from releasing any funds from the Chase Account ending x8821, or any other account in Defendant's name, except as otherwise specified by Court Order, until further order of this Court, and shall restrict access to said account by anyone unless permitted by an Order of this Court; and it is further

* * *

ORDERED, that Jiminy Peak Mountain Resort, LLC shall send all rental income generated from the parties' Jiminy Peak timeshare located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx (the "Jiminy Peak Residence") to Plaintiff to utilize for the payment of all expenses associated with the Jiminy Peak Residence.

On January 7, 2026, this Court issued an Order Directing Inquest which, inter alia and in sum and substance, entered a default against the Defendant and directed the parties to appear for Inquest on March 20, 2026. On January 12, 2026, this Court issued an Amended Short Form Order which provides:

ORDERED, that the Order to Show Cause dated December 22, 2025 be and the same is hereby MODIFIED SOLELY TO THE EXTENT set forth in this Short Form Order; and it is further

ORDERED, that the Plaintiff shall have temporary exclusive use, occupancy and possession of the premises located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx, effective January 26, 2026, and the Defendant is directed to vacate on or before said date, and he is directed not to return thereto; and it is further

ORDERED, that on or after January 26, 2026, the Plaintiff is permitted to change the locks on the premises located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, [*3]XX xxxxx, effective January 19, 2026; and it is further

ORDERED, that the Defendant shall, effective as of the date of this Order, pay 100% of the costs and expenses associated with the parties' "airstream" Atlas Motor Home located in the State of Colorado, subject to reallocation, if appropriate; and it is further

ORDERED, that all other provisions of the Order to Show Cause dated December 22, 2025 shall remain in full force and effect; and it is further

ORDERED, that the Defendant shall be served with a copy of this Order personally on or before January 19, 2026.

On January 12, 2026 the Defendant, pro se, filed a Notice of Appearance. On January 23, 2026, this Court issued a Decision and Order (hereinafter referred to as the "January 2026 Order") which, inter alia and in sum and substance, denied the Defendant's application seeking to vacate the temporary relief granted in the instant Order to Show Cause and denied the Defendant's application seeking to vacate so much of the January 12, 2026 Amended Short Form Order which directed the Defendant's vacatur from the Jiminy Peak Residence.

The Inquest of this matter is currently scheduled for May 27, 2026. The Defendant has separately interposed an Order to Show Cause seeking, inter alia, to vacate his default. The Court hereby issues a Decision and Order on that application simultaneously herewith which, inter alia and in sum and substance, vacates the Defendant's default, vacates the Inquest, and converts the May 27, 2026 appearance from an Inquest to a Preliminary Conference.

THE PARTIES' CONTENTIONS

Plaintiff's Contentions:

The Plaintiff alleges that since mid-2023, the Defendant's mental health has deteriorated. She alleges that the Defendant, since 2025, was twice "institutionalized". She alleges that the Defendant has rapidly drained their marital assets and spent thousands of dollars running from a conspiracy against them. She alleges that the Defendant believed that his friends who had previously passed away had faked their own deaths, that he was wearing Google "Meta" glasses so he could record everything around him, that he believed that cars were following him, and that he had several burner phones and purchased anti-spying devices. She alleges that in June of 2024, the parties purchased an AirStream Atlas motorhome. She alleges that the parties were in contract to sell their home in Connecticut, but the Defendant broke the contract of sale. She alleges that the Defendant admitted that he visited hundreds, maybe thousands of prostitutes during their marriage. She alleges that during the year 2025, the Defendant drained $45,000.00 of the parties' life savings and maxed-out the parties' credit cards running from a conspiracy. She alleges that once the parties' residence in Connecticut was sold, the sale proceeds were deposited into an account at Chase bank that the Defendant did not have access to. She alleges that on May 9, 2025, there was $774,228.87 in the Chase bank account, and that in August, 2025, the balance was reduced to $741,853.29 after the Defendant withdrew over $32,000 from the account. She alleges that the Defendant spent much of the cash he withdrew at strip clubs and casinos. She alleges that since 2025, the Defendant has ceased managing the parties' finances. She alleges that the Defendant initially had the parties' Jaguar I-Pace automobile enrolled in a buy-back program, but the Defendant never completed the buy-back program, and that Jaguar is now considering the vehicle abandoned. She alleges that she settled the parties' vehicle tax debt on account of various [*4]vehicles being sold, she arranged to have rental checks deposited with her relative to Jiminy Peak so she could pay the mortgage and fees on the condo, and that she has been paying for the AirStream in order to maintain the asset. She alleges that the Defendant withdrew various sums of money in the Fall of 2025 prior to a trip he took to Thailand. She alleges that the Defendant is "squatting" at the rental property at Jiminy Peak and that the rent received covers the carrying charges on that property. She alleges that the Defendant sent notice to the Jiminy Peak Homeowner's Office cancelling all reservations on that property.

Defendant's Opposition:

The Defendant, pro se, interposes a two page Affidavit which is unsigned. He alleges that any failure to appear on his part was not willful. He informally, in his instant opposition, requests that any default entered against him be vacated.^FN1 He alleges that there are "substantial disputed issues of fact, including but not limited to marital assets, financial accounts...and access to necessary financial records..." He alleges that he does not have access to critical financial records and that proceeding with an Inquest would risk a one-sided determination based upon incomplete information. He opposes the appointment of a temporary receiver, as it would cause him immediate and irreparable harm. He alleges that he is now actively participating in this matter.

DISCUSSION + ANALYSIS

TEMPORARY RECEIVER

CPLR § 6401(a) provides:

(a) Appointment of Temporary Receiver; Joinder of Moving Party. Upon motion of a person having an apparent interest in property which is the subject of an action in the supreme or a county court, a temporary receiver of the property may be appointed, before or after service of summons and at any time prior to judgment, or during the pendency of an appeal, where there is danger that the property will be removed from the state, or lost, materially injured or destroyed. A motion made by a person not already a party to the action constitutes an appearance in the action and the person shall be joined as a party.

The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of property from a party without an adjudication on the merits. Schachner v. Sikowitz, 94 AD2d 709 (2d Dept. 1983). Therefore, it is to be granted only where the applicant makes a clear evidentiary showing of the necessity for the conservation of property and the protection of the interests of the litigant. Schachner, 94 AD2d at 709. The party seeking a temporary receiver must produce clear and convincing evidence that there is a danger of irreparable loss. Estate of James Voyiatgis, 2008 NY Misc. LEXIS 4944 (Surrogate's Court Queens County 2008). A clear showing of necessity is required, not unsupported allegations and accusations. Kapelyus v. Carellc, 2026 NY Misc. LEXIS 1177 (Supreme Court Kings County 2026). There are, in effect, five (5) separate assets which are the subject of the instant application. The Court will address each asset, to wit: (1) Corvette Motorboat, (2) 2019 Jaguar I-Pace, and (3) AirStream Atlas, seriatim, in this section of this Decision and Order. The (4) Chase Account ending xxx8821 (hereinafter referred to as the "Chase Account") and (5) Jiminy Peak [*5]Timeshare will be addressed in separate sections of this Decision and Order.

1. Corvette Motorboat

On October 14, 2025, Gerards Marina sent an email to the Plaintiff:

Hi,

I don't know who to reach out to or talk to about this. I have tried calling xxxx directly. The boat is still here, there is an outstanding bill on the account from last year.

We are going to have to file for abandoned vessel. We know this is a very special boat so I would think someone would want to come and pay for it.

(emphasis added).

Without question, the law favors the preservation of marital assets, and the Court is empowered to protect and preserve marital asserts for equitable distribution. Weinstock v. Weinstock, 8 Misc 3d 221 (Supreme Court Nassau County 2005); see also Stratton v. Stratton, 39 Misc 3d 1230(A) (Supreme Court Sullivan County 2013) (law favors preservation of marital assets). Here, the Court declines to let the Corvette Motorboat be deemed abandoned. If deemed abandoned, certainly, the asset would be lost. Such logic is, of course, incongruous with the Court's obligation to attempt to preserve a marital asset and is even incongruous with the intent of the Legislature when it enacted the Automatic Orders which were, in part, enacted to prevent spouses from dissipating assets. See generally Spencer v. Spencer, 159 AD3d 174 (2d Dept. 2018). Permitting an asset to be abandoned and lost is the antithesis of pragmatism and runs afoul from the concept of asset preservation. The appointment of a Receiver solves this issue; the Receiver will simply sell, not distribute, the Corvette Motorboat in order for the Court to distribute the asset in the final judgment. The Court appoints a temporary Receiver to sell this asset.

2. 2019 Jaguar I-Pace

On October 16, 2025, JaguarLand Rover Melbourne sent an email to the Plaintiff which reads, in part:

Regarding your 2019 BLACK JAGUAR I PACE...

The vehicle had been towed into our dealership on 4/29/25 for a traction fault message coming on.

We were informed that you and/or your husband, xxxxxxx, were in touch with the Jaguar I Pace support center opening a case requesting a buy back.

* * *

The vehicle has now been in our parking lot almost 6 months, and we need to have a resolution soon.

It appears to the Court that the 2019 Jaguar I Pace remains in Florida, stored or parked in a lot, and unused. The Defendant does not deny or refute the Plaintiff's assertion that he enrolled it in a buy-back program which would have netted him approximately $6,448.02. He also does not deny or refute that he never finalized the buy-back for the 2019 Jaguar I Pace. The Plaintiff credibly asserts that, if, in effect, nothing is done, the 2019 Jaguar I Pace will be deemed abandoned and towed. As with the Corvette Motorboat, the same concept applies. This will, of course, result in the loss of the asset. The Court declines to countenance that result, and simply [*6]acts to preserve the asset. See Weinstock, supra. The Court appoints a temporary Receiver to sell this asset (see infra). Selling the 2019 Jaguar I Pace saves the asset for purposes of equitable distribution.

3. AirStream Atlas

The Plaintiff alleges that she worked with one of the parties' children to have the AirStream Atlas repaired after the Defendant abandoned same. She alleges that it is now in storage, in Colorado, and that she has continued to make the loan and insurance payments on same. The Court does not find, at this time, that the appointment of a temporary Receiver is appropriate inasmuch as it does not appear that the AirStream Atlas is in imminent danger of being abandoned or lost.

Conclusion. The Court is not equitably distributing the proceeds of the Corvette Motorboat or the 2019 Jaguar I Pace. Rather, it is appointing a temporary Receiver now in order to preserve those assets so that there is something left at the end of this case to distribute to the parties. Without the appointment of a temporary Receiver, those two assets would go to waste. Inaction by the Court in this regard would be tantamount to court-sanctioned waste. That result would be indefensible. Therefore, it is hereby:

ORDERED, that Branch (B) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby GRANTED TO THE EXTENT that, by separate Order issued simultaneously herewith, the Court hereby appoints a temporary Receiver to market and sell the Corvette Motorboat and the 2019 Jaguar I Pace, and that the proceeds of sale of same, if any, shall be held in escrow pending further Order of this Court or agreement of the parties; and it is further

ORDERED, that Branch (E) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby GRANTED, and the fees of the temporary Receiver shall be borne by the Defendant; and it is further

ORDERED, that the Defendant shall not interfere with the sale of the Corvette Motorboat and/or the sale of the 2019 Jaguar I Pace; and it is further

ORDERED, that both parties shall cooperate with the reasonable requests of the temporary Receiver in furtherance of the Receiver's undertaking.

JIMINY PEAK

DRL § 234 provides, in part:

In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may (1) determine any question as to the title to property arising between the parties, and (2) make such direction, between the parties, concerning the possession of property, as in the court's discretion justice requires having regard to the circumstances of the case and of the respective parties.

On November 22, 2025, the Defendant sent an email to the Jiminy Peak Homeowner's Office which reads, in part:

Hi Stacie Ann and Homeowners Department,

I am writing to provide formal written notice that, effective immediately, I am [*7]withdrawing Unit xxx from the Jiminy Peak Rental Program.

Please update your records to reflect that Unit xxx will no longer participate in any rental pool, booking system, or rental schedule.

Here, the Defendant does not dispute the Plaintiff's assertion that Jiminy Peak was always used as a rental. The Defendant, without the Plaintiff's consent, altered the parties' status quo and cancelled all rentals on Jiminy Peak going forward. One way or another, the Defendant's conduct may very well be characterized as waste. There is no explanation provided by the Defendant as to why he cancelled all rentals on Jiminy Peak. It is evident that the cancellation of the rentals on Jiminy Peak is incongruous with how Jiminy Peak was historically used, and the cancellation of Jiminy Peak adversely effects the marital estate, whether by depriving the parties with funds in order to pay the carrying costs on Jiminy Peak and/or depriving the parties of surplus funds after the payments of the carrying costs on Jiminy Peak. Therefore, the Court will issue an Order so as to help maximize, not cause a diminution in value of, a marital asset. In his email sent on November 22, 2025, the Defendant indicated that "...I will be maintaining exclusive control and access over the property moving forward..." Clearly, his attempt at occupancy of Jiminy Peak, which is at variance with the parties conduct during their marriage, would inhibit rentals prospectively. Therefore, the Court elects, pendente lite, to exclude the Defendant from Jiminy Peak. Accordingly, it is hereby:

ORDERED, that Branch (C) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby GRANTED, and, pendente lite, the Plaintiff shall enjoy exclusive use, occupancy and possession of the timeshare at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx; and it is further

ORDERED, that the Defendant is directed not to return to the timeshare at Jiminy Peak, located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx; and it is further

ORDERED, that the Plaintiff may execute and otherwise complete any and all necessary rental agreement(s), forms and/or other rental-related documents necessary to continue to rent the timeshare at Jiminy Peak, located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx, and she may do so in the absence of the Defendant's signature; and it is further

ORDERED, that Branch (D) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby GRANTED TO THE EXTENT that any and all rental income generated from the timeshare at Jiminy Peak located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx shall be utilized for the payment of all carrying charges and expenses thereon; and it is further

ORDERED, that in the event that any rental income generated from the timeshare at Jiminy Peak located at xx xxxxx xxxx, xxxxxxx xxxxxx, Unit xxx, xxxxxxx, XX xxxxx is in excess of the carrying charges and expenses thereon, then, in that event, same shall be deposited in escrow and shall remain in escrow pending further Order of the Court or written agreement of the parties.

CHASE ACCOUNT

A mere seven months prior to the commencement of this action, the Chase Account went from $774,228.87 on May 9, 2025 to $741,853.29 on September 9, 2025. In just five months, the Defendant withdrew $32,375.58 from the Chase Account. The Defendant does not deny same, [*8]nor does he provide any explanation at all for the withdrawals of $32,375.58 in a span of only five months. While the Court finds the appointment of a temporary Receiver for the Chase Account to be too drastic at this time, the Court can certainly issue remedial orders to preserve the asset. See Stratton, supra. Therefore, it is hereby:

ORDERED, that Branch (A) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby DENIED; and it is further

ORDERED, Branch (F) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby DENIED; and it is further

ORDERED, that Branch (G) of the Plaintiff's Order to Show Cause dated December 22, 2025 be and the same is hereby GRANTED TO THE EXTENT that J.P. Morgan Chase Bank, N.A. and its employees or agents are hereby restrained from releasing any funds from the Chase Account (ending xxx8821) pending further Order of the Court or written agreement of the parties; and it is further

ORDERED, that access to the Chase Account (ending xxx8821) shall be restricted unless and until access is permitted by an Order of this Court; and it is further

ORDERED, that J.P. Morgan Chase Bank, N.A., shall be served with a copy of this Decision and Order within five (5) days hereof.

Any other relief requested not specifically addressed herewith is hereby DENIED.

This constitutes the Decision and Order of this Court.

Dated: April 24, 2026

Mineola, New York

E N T E R :

Hon. Edmund M. Dane, J.S.C.