Matter of Anonymous A (Anonymous B)

Supreme Court, Nassau County

Decided on May 26, 2026

Index No. 850197/2026

Gary F. Knobel, J.

Papers considered:

NYSCEF Doc. No. 56-62, 94-95 1

The motion [sequence number 8] by Anonymous A ("A") for an order (1) adjudging Anonymous F ("F") and the law firm of Meltzer Lippe in contempt of this Court's order dated March 13, 2026 (Knobel, J.) for inter alia not informing Federal Magistrate Judge James M. Wicks of the Eastern District of New York ("EDNY") of the stay issued in that order and for continuing said action, and (2) an order directing Anonymous F to withdraw said action pursuant to Judiciary Law § 773 and 22 NYCRR § 130-1.1, is granted to the extent indicated below.

To find a party in contempt of court it must be shown that: (1) a lawful order of the court, clearly expressing that a mandate was in effect; (2) that said order, with reasonably certainty, was disobeyed; (3) the party to be held in contempt had knowledge of the court's order; and (4) the movant was prejudiced (Matter of Serna W. (Daniels-Wiltshire), 218 AD3d 597, 598-599 [2d Dep't 2023] citing Matter of McCormick v. Axelrod, 59 NY2d 574, 583, 453 N.E.2d 508, 466 N.Y.S.2d 279; see Judiciary Law § 753[A]; Greco v. Greco, 214 AD3d 959, 960, 184 N.Y.S.3d 614).

The facts underlying the basis for the motion are not disputed. On Thursday, March 12, 2026, Anonymous F, through his counsel Meltzer Lippe, filed a federal action in the EDNY on [*2]behalf of Anonymous B ("B"), his father, against his brother, Anonymous A, based solely upon a power of attorney allegedly executed by B. On Friday, March 13, 2026, this Court signed an order to show cause which stated, in pertinent part, ". . . pending the hearing and determination of the petition . . . the Power of Attorney executed by [Anonymous B] dated April 3, 2025, naming [his wife, Anonymous D] as his attorney-in fact [and]. . . [Anonymous F] as the Successor Agent and [Anonymous A] as the second Successor Agent, is hereby suspended until further Order of this Court . . . ." However, personal delivery was effectuated upon Anonymous F on Monday, March 16, 2026, after the commencement of the federal action by Anonymous F.^FN1

On March 24, 2026, Meltzer Lippe, on behalf of Anonymous F., and in response to Magistrate Judge Wicks' request for information about diversity jurisdiction filed a Rule 7.1 letter.

At no point was Magistrate Judge Wicks informed by Meltzer Lippe that the power of attorney was suspended until further order of this Court.

Anonymous F argues that his co-plaintiff in the EDNY action is a limited liability corporation ("LLC") that is not owned by Anonymous B. Instead it is in the Anonymous B 2025 Family Trust in which Anonymous F is the sole trustee; the letter to Magistrate Judge Wicks was purportedly on behalf of the LLC. However, Anonymous F has stated that the subject LLC is "[Anonymous B]'s business" (see NYSCEF Doc. 68, at 5, 7, 21, 22).

Anonymous A argues that the filing of the EDNY action has damaged and prejudiced him since the action is not sealed and the public can view the very serious and unproven allegations against him.

After reviewing the papers submitted as well as the March 13, 2026, order to show cause, this Court finds that Anonymous F and Meltzer Lippe, in Meltzer Lippe's March 26, 2026, letter to Magistrate Judge Wicks, violated the clear mandate and spirit of this Court's March 13, 2026, order by not informing Magistrate Judge Wicks of the suspension of the power of attorney dated April 3, 2025, in that order .

Accordingly, it is hereby

ORDERED that petitioner Anonymous A's motion (motion seq. 8) to adjudicate Anonymous F and the law firm of Meltzer Lippe in contempt of this Court's order dated March 13, 2026 (Knobel, J.), is granted; and it is further

ORDERED that Meltzer Lippe and Anonymous F did impair and prejudice the rights and remedies of Anonymous A by failing to timely and properly inform Magistrate Judge Wicks of this proceeding, its status, and the suspension of the power of attorney dated April 3, 2026, ; and it is further

ORDERED that in lieu of monetary sanctions, Meltzer Lippe and Anonymous F can purge themselves of this contempt citation by notifying the EDNY and Magistrate Judge James M. Wicks that the April 3, 2025, power of attorney was suspended on March 13, 2026, and that John Newman was appointed in that order as temporary personal needs and property management guardian for Anonymous B, and that the Hon. Anthony F. Marano (retired) was appointed as co-property management guardian of Anonymous B by this Court on April 22, 2026 (Knobel, J.).

The foregoing constitutes the decision and order of this Court.

ENTER

DATED: May 26, 2026

HON. GARY F. KNOBEL, J.S.C.