Appellate Division: Second Judicial Department

M282677

E/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

PAUL WOOTEN, JJ.

2017-01260 D In the Matter of Thomas F. Foy, admitted as Thomas Francis Foy, an attorney and counselor-at-law. (Attorney Registration No. 1277011)

ECISION & ORDER ON APPLICATION

Application by Catherine A. Sheridan, Chief Counsel, Grievance Committee for the Tenth Judicial District, who was appointed by decision and order on motion of this Court dated May 31, 2017, as inventory attorney for the files of attorney Thomas F. Foy, admitted as Thomas Francis Foy, to: (1) discharge her as court-ordered inventory attorney in the above-captioned matter; (2) direct her to deposit and/or file any unclaimed original wills currently in her possession with the appropriate Surrogate's Court, pursuant to Surrogate's Court Procedure Act § 2507 and/or § 2508, as may be applicable, and direct the Surrogate's Court(s) to waive payment of any fee in relation to the foregoing; and (3) authorize her to destroy, by shredding, any remaining files contemplated by the court-ordered inventory that remain in her possession and are unclaimed.

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

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

ORDERED that Catherine A. Sheridan, Chief Counsel, Grievance Committee for the Tenth Judicial District, shall deposit and/or file any unclaimed wills in her possession with the appropriate New York 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 New York Surrogate's Court shall waive the fee imposed for any unclaimed will deposited by Catherine A. Sheridan, Chief Counsel, Grievance Committee for the Tenth Judicial District, in connection with this matter; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall maintain for safekeeping any unclaimed original will that cannot be filed in New York State; and it is further,

ORDERED that Catherine A. Sheridan, Chief Counsel, Grievance Committee for the Tenth Judicial District, is authorized to destroy by shredding, any remaining files contemplated by the court-ordered inventory that remain unclaimed; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall maintain for safekeeping a record of all files inventoried; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall maintain for safekeeping any and all bank and bookkeeping records of Thomas F. Foy in accordance with the Rules of Professional Conduct; and it is further,

ORDERED that upon completion of the foregoing, Catherine A. Sheridan, Chief Counsel, Grievance Committee for the Tenth Judicial District, is discharged as court-ordered inventory attorney in the above-captioned matter.

LASALLE, P.J., DILLON, DUFFY, BARROS and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court