1

2 SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK : PART 6
3 -----------------------------------------------X
In the Matter of the Application of
4 JANET DEMARZO, Commissioner of Suffolk
County Department of Social Services for the
5 Appointment of a Guardian of the Person
And/or Property of
6

7
MARY ANN HENNEN, Index No.
8 16328-07

9
An Incapacitated Person
10
Respondent.
11 ------------------------------------------------X
March 24, 2009
12 Central Islip, New York

13
B E F O R E: HON. SANDRA L. SGROI,
14 Supreme Court Justice

15
A P P E A R A N C E S:
16
CHRISTINE MALAFI
17 Suffolk County Attorney
400 Carleton Ave.
18 Central Islip, N.Y. 11722
BY: WILLIAM HOLST, ESQ.
19
MARY ANN HENNEN
20 Respondent pro se
178 Bayview Ave.
21 Northport, N.Y. 11768

22 ALSO PRESENT:
BURT ZWEROFF, Principal Law Secretary
23

24 Reported By:
Barbara Greenberg, C.S.R.
25 Official Court Reporter
 1 2

2 THE COURT CLERK: Index number 016328 of

3 2007, in the matter of Mary Ann Hennen.

4 Appearances?

5 MR. HOLST: William Holst, assistant county

6 attorney from the office of Christine Malafi,

7 County Attorney on behalf of petitioner.

8 MS. HENNEN: Mary Ann Hennen, appearing in

9 propria persona.

10 THE COURT: Good morning.

11 This matter was scheduled for a very

12 limited purpose. We have received a letter from

13 the special guardian, Vincent Berger, indicating

14 that he had received the deed to Miss Hennen's

15 property but he was having an issue as far as

16 recording it. He didn't have the recording fee

17 and asked for a conference to be scheduled. We

18 scheduled a conference and indicated Mr. Berger

19 could participate by telephone. That matter was

20 adjourned to today and Mr. Berger is available

21 by telephone. So what we can do is get

22 Mr. Berger on the phone and we'll keep a record.

23 We'll make a record.

24 MS. HENNEN: Thank you, your Honor.

25 MR. HOLST: Your Honor, for the record,

 1 3

2 can I read a section of the Court order dated --

3 MS. HENNEN: I object.

4 MR. HOLST: -- May 30 of 2008?

5 THE COURT: First of all, we need one at a

6 time.

7 MR. HOLST: I would just in terms of

8 putting this matter into context, I'd like to

9 read from the Court order of May 30, 2008 with

10 respect to what Mr. Berger is supposed to do in

11 this matter.

12 THE COURT: You mean his role as special

13 guardian?

14 MR. HOLST: Well, the Court expressed

15 concern related to the issue of real property,

16 and that issue was concern over the disposition.

17 The Court noted that Miss Hennen has obtained

18 several binders for the sale of her residence

19 and as of the date of the hearing had not

20 selected which offer to accept. This

21 potentially could result in one or more

22 interested potential contract purchasers deeming

23 her to be in breach of contract when one offer

24 is finally accepted.

25 My understanding of the Court order was

1 4

2 that the special guardian, Mr. Berger, was

 3 supposed to sort through what offers were

4 acceptable and with the Court's supervision,

5 consummate a transaction. That will protect

6 Mary Ann Hennen in terms of avoiding the

7 problems noted by the Court with where there

8 could be potential purchasers that would

9 actually result in litigation which would

10 actually be very costly to Miss Hennen.

11 THE COURT: I understand all that but the

12 purpose of today's conference is a very limited

13 purpose, to discuss how Mr. Berger is going to

14 get the deed recorded which then ultimately is

15 to Miss Hennen's benefit. Her deed will be on

16 record and she can go ahead and the sale can be

17 completed if that's what she wishes to do.

18 MS. HENNEN: Thank you, your Honor. Now

19 I'd like to make another point.

20 MR. HOLST: I would note that the position

21 of the Department of Social Services, based on

22 the Court's own order, that the expectation was

23 that there would be Court supervision and

24 supervision of the special guardian and to

25 transfer the deed to her name.

1 5

2 THE COURT: Wait. Who are these parties?

3 MS. HENNEN: Greg Fisher, he's my

4 assistant of counsel. He helps me with my legal

 5 work.

6 MS. SCOFIELD: Terry Scofield.

7 THE COURT: Are you an attorney,

8 Mr. Fisher?

9 MR. FISHER: No.

10 THE COURT: Neither one of you are

11 attorneys admitted to practice?

12 MS. HENNEN: No. They just help me with

13 my research. When I have to look up statutes

14 they assist me. They're not representing me.

15 THE COURT: They can't participate in this

16 proceeding.

17 MS. HENNEN: Okay, they will just be

18 witnesses.

19 MR. HOLST: And the other point that we'd

20 like to also remind the Court of is that

21 Ms. Hennen had the opportunity engage her own

22 counsel, and Mr. Berger was supposed to either

23 work with that person that she selected or if

24 she was unable to retain counsel, that he would

25 be involved in selecting counsel, and it hasn't

1 6

2 been done.

3 THE COURT: You're going way beyond the

4 purpose of today. Let me see if I have

5 Mr. Berger. Mr. Berger?

6 MR. BERGER: Yes?

 7 THE COURT: We're in the courtroom and this

8 conference is being recorded.

9 MR. BERGER: Yes, good morning, Judge.

10 THE COURT: The purpose of this conference

11 was limited to addressing Mr. Berger's letter

12 with respect to the ability to record the deed;

13 is that right, Mr. Berger?

14 MR. BERGER: Correct, Judge, and as I

15 understand it an application made by

16 Mr. Holst --

17 MR. HOLST: Right.

18 MR. BERGER: -- addressing that point.

19 THE COURT: Addressing that point.

20 MR. HOLST: Right. I also wrote a letter

21 on the same date addressing the whole issue

22 about whether or not there would be supervision

23 by the special guardian in terms of a

24 transaction.

25 THE COURT: Well, the notice --

1 7

2 MS. HENNEN: Ian Wilder is my real estate

3 lawyer. I have my own lawyer and I told

4 Mr. Berger that I have legal representation.

5 THE COURT: Miss Hennen, let me say this

6 for the record. We had noticed Mr. Wilder on

7 the order scheduling today's conference and

8 indicating that if he is serving as counsel,

 9 he's directed to appear, and he was granted

10 leave to contact chambers to arrange for his

11 appearance by phone. We're trying limit the

12 cost as much as possible. My understanding is

13 that Mr. Wilder called chambers and indicated he

14 does not represent you, and that's why he's not

15 here.

16 MS. HENNEN: Not in the guardianship.

17 He's only representing me with the real estate,

18 and I have decided not to sell my house because

19 of the depressed market. So basically, what I'm

20 requesting today is that I be provided with the

21 original deed to my house. I will record it

22 myself in Riverhead. And I will put the house

23 on the market when it's appropriate.

24 THE COURT: Mr. Berger, let me ask you if

25 you have the deed in your possession.

1 8

2 MR. BERGER: Yes.

3 THE COURT: Who is in title?

4 MR. BERGER: The deed is dated April 6,

5 2008 and it is a deed from John T. Rieger as

6 surviving co-trustee, et cetera, to as party of

7 the first part to Mary Ann Hennen and an

8 individual residing at Bayview Avenue,

9 Northport.

10 THE COURT: But it's not Miss Hennen

11 individually?

12 MR. BERGER: Yes.

13 THE COURT: Miss Hennen indicated at this

14 point she doesn't want to sell her house.

15 That's the power among others that was given to

16 Mr. Berger, to go through the offers and review

17 the offers and with Mary Ann Hennen's

18 consultation determine how to proceed, who to

19 sell it to.

20 MR. BERGER: We have done that, Judge. We

21 last year reviewed offers, and Miss Hennen was

22 not interested in going ahead with anything. So

23 as of maybe September or October of last year,

24 the slate has been cleared. There is no offer

25 that I know of. She has no interest in selling

1 9

2 her house. She's not advertising it. There is

3 no sign on the property, and I accept that.

4 That's my function to be involved if and when

5 she decides to sell the house and has an offer.

6 Just to address Mr. Wilder, Mr. Wilder

7 indicated that he would be willing to represent

8 her if the house was sold. But that's the only

9 involvement I think that Mr. Wilder is

10 interested in handling.

11 THE COURT: That's consistent with what

12 Mr. Hennen has just indicated in the courtroom.

13 That if and when she's ready to sell the house

14 he will be your real estate attorney.

15 MS. HENNEN: Correct.

16 MR. BERGER: I have no problem with that.

17 THE COURT: The only issue, Mr. Holst, what

18 you're talking about is a special guardian going

19 ahead and completing a sale. Miss Hennen

20 indicated at this point due to the depressed

21 market, and there is certainly a rationale for

22 that --

23 MR. HOLST: I'd just like to read from my

24 letter of February 23, 2009.

25 "On behalf of the Suffolk County Department

1 10

2 of Social Services, the undersigned requests a

3 conference hearing as to whether there is a

4 subtantial risk of Mary Ann Hennen losing such

5 asset in the event the premises are conveyed

6 directly to her. The position of the Suffolk

7 County Department of Social Services is that

8 Mary Ann Hennen has demonstrated a serious lack

9 of judgment and insight with respect to her

10 financial interests. The Suffolk County

11 Department of Social Services understood that

12 the Court would supervise a transaction to a

13 third party and the proceeds of such

14 transaction, pursuant to the order dated October

15 7, 2008."

16 So I think that by simply giving it to her,

17 we're undermining the protections that we

18 thought we had in place and that now could be

19 lost.

20 THE COURT: Is there a notice of pendency

21 filed?

22 MR. HOLST: No. The property was in title

23 to a trust so it was not a situation where it

24 was in her name where we normally file a notice

25 of pendency.

1 11

2 THE COURT: If the property were to go into

3 her name, Mr. Zweroff --

4 MR. BERGER: Judge, may I say something?

5 THE COURT: Yes.

6 MR. BERGER: The only person I can hear is

7 you. I know that somebody else is talking in

8 the background. It sounds like Bill Holst, but

9 I can't understand what he's saying.

10 THE COURT: Mr. Holst in effect said that

11 the county is concerned that if the property

12 goes into Mary Ann Hennen's name as a matter of

13 record that she runs the risk -- tell me if I'm

14 wrong -- of losing the property due to

15 essentially what has been demonstrated as a lack

16 of judgment and ability to make rational

17 decisions.

18 You indicated that if Miss Hennen doesn't

19 wish to sell the house at this point, you're

20 taking no steps to effectuate any sales.

21 MR. BERGER: That's correct. I haven't

22 and I don't intend to. In fact, if I do

23 entertain a sale, the Court in its order, your

24 order appointing me, requires me to bring on an

25 Article 17 proceeding. So I can't and would not

1 12

2 and right now have none, no prospect of a sale

3 from anyone whatsoever. So it's at a

4 standstill. The only issue is, should that deed

5 be recorded or not. And Mr. Holst, I think,

6 takes the position that I think is a reasonable

7 one, but that's something I have to defer to the

8 Court on.

9 THE COURT: And I was asking if a notice of

10 pendency would provide some protection. I'm

11 going to ask Mr. Zweroff, the law secretary.

12 MR. ZWERFOFF: The notice of pendency would

13 be filed if the property was in possession of an

14 intestate person at the commencement. It should

15 be filed prior to the filing of an order and

16 judgment. There is a statement, if there is an

17 existing guardianship, it is to be recorded

18 reflecting the guardianship as to all real

19 property. But since we only have a special

20 guardianship for the purpose of selling, I'm not

21 sure of the application of that section in this

22 circumstance either.

23 MS. HENNEN: Your Honor, I'm also applying

24 for a reverse mortgage, so as soon as the deed

25 is recorded, I can apply for my reverse mortgage

1 13

2 and have funds to maintain the house and to fix

3 it up at a future date when I do intend to sell

4 it. But because of all of this, all of the

5 proceedings which have continued for so long,

6 the house has been devalued. So it would not be

7 in my best interests at this point to sell the

8 house in a depressed market. I will apply for

9 my reverse mortgage and then I will wait for the

10 market to pick up.

11 THE COURT: Did you hear that, Mr. Berger?

12 MR. BERGER: Yes, I heard part of that.

13 Miss Hennen indicates that she would like to

14 apply for a reverse mortgage. If she does that,

15 Judge, and all other things considered including

16 whatever concern Mr. Holst may have, the deed

17 then would -- could be produced at the closing

18 of the reverse mortgage. So that would mean

19 that the mortgage would go on record

20 simultaneously with the deed, and in itself

21 would be a lien against the premises that would

22 have to be satisfied. I don't know if it

23 continues to protect Miss Hennen as you would

24 like to protect her though. But at least right

25 now, if the deed went on record there is no

1 14

2 mortgage that I know of and no encumbrance that

3 I know of, and I don't think there is a notice

4 of pendency. So the property would be out there

5 for the taking. If a mortgage is placed on it

6 that's a different story. I could deliver the

7 deed simultaneously with the closing on the

8 mortgage. I don't know if that addresses

9 Mr. Holst's concerns.

10 MS. HENNEN: I'd like to make another

11 point. I do have a prospective buyer at this

12 point. I haven't decided whether or not I'm

13 interested in taking their offer.

14 THE COURT: Then we come back into the

15 clear terms of the special guardianship where

16 Mr. Berger is empowered and directed to review

17 the offers and assist you.

18 MS. HENNEN: I have Ian Wilder as my real

19 estate lawyer. I have known him for seven or

20 eight years.

21 THE COURT: I understand, but Mr. Berger is

22 the special guardian that's been determined and

23 adjudicated. He's not counsel to represent you

24 on the sale and I think the order is very clear

25 that you can chose your own counsel.

1 15

2 MR. BERGER: It is.

3 MS. HENNEN: What I'm requesting today is

4 I'd like the original deed to my property, which

5 John Rieger transferred on April 6. Mr. Nardo

6 faxed him a letter demanding that he transfer

7 the deed to me, which he did on April 6. You

8 allowed Mr. Holst to read his motion. I request

9 that I also be allowed to read the motion that I

10 filed.

11 MR. HOLST: If Your Honor --

12 THE COURT: Let her finish.

13 MS. HENNEN: Will you let me finish,

14 please? Thank you.

15 MR. HOLST: Your Honor, while you're doing

16 that, I just want to remind everyone that I

17 think one of the things that precipitated the

18 County's petition was that Miss Hennen was

19 without heat and without title to the house.

20 She couldn't get a heat benefit. If I'm

21 correct, that's one of the precipitating factors

22 of the County bringing that petition. Because

23 of the commencement of the guardianship and

24 because it transpired, I believe she was able to

25 get heat; is that right?

1 16

2 MS. HENNEN: Yes -- no, not with the

3 guardianship. I'm renting rooms. I have

4 tenants and I have never been -- I want to state

5 for the record I have never been without heat.

6 I have a fireplace.

7 THE COURT: I think that was reviewed and

8 there were questions about the safety. I'm not

9 getting into that now and there were questions

10 about repairs to the house and insurance

11 coverage.

12 MS. HENNEN: You allowed Mr. Berger --

13 THE COURT: Go ahead.

14 MS. HENNEN: This is what I filed on July

15 15.

16 "I, Mary Ann Hennen, am requesting the

17 Court's intervention to secure the original deed

18 to my property. I'm enclosing a letter from

19 Raymond Nardo to John Thomas Rieger dated April

20 3, 2008. On April 6, 2008 John Rieger

21 transferred the deed to me. However, he did not

22 provide Mr. Nardo with the original deed and

23 sent him a copy. John Rieger instead gave the

24 original deed to Debra Isler. Debra Isler has

25 been in possession of the original deed since

 1 17

2 April 6, 2008 which has prevented me from

3 selling my property to one of several

4 prospective buyers. On July 3, 2008 I received

5 a letter from Vincent Berger, Junior, P.C.,

6 which is enclosed. I have made several attempts

7 to contact Mr. Berger since July 3, 2008. I

8 related my futile attempts to contact Mr. Berger

9 to Dr. Frederick Oakes who intervened on my

10 behalf by calling him. Mr. Berger's secretary,

11 Carol, informed me that Mr. Berger would meet

12 with me on Wednesday, July 9, 2008 for one half

13 hour. I provided Vincent Berger with

14 documentation as per the Court's instructions

15 including several offers to purchase my house.

16 My most recent offer is dated June 28, 2008 from

17 Chris and Diana Murray. Mr. Berger left our

18 meeting abruptly before my options were

19 discussed. I have made several more attempts to

20 contact Mr. Berger to discuss his obtaining the

21 original deed from Debra Isler and delivering it

22 to me, these attempts having been in an order on

23 Monday July 14. Miss Patricia Friedman, Miss

24 Julia Gambino, and Mr. William Hayes accompanied

25 me to Mr. Berger's office. They witnessed my

1 18
 2 delivering further documentation to Mr. Berger

3 to him regarding what was not discussed on July

4 9, 2008. I also informed Carol, actually I

5 spoke to Carol that the signing of the notice of

6 settlement which is scheduled for July 17, 2008

7 must be adjourned until he agrees to meet with

8 me and/or legal counsel of my choice. As

9 recently as Tuesday, July 15, 2008 at four p.m.

10 Mr. Berger had not responded to my or Patricia

11 Friedman's numerous and urgent attempts to

12 contact him. We were informed that Berger won't

13 be in any office until next week and that no one

14 affiliated with his law firm would contact the

15 Court to request an adjournment for the signing

16 of the notice of settlement."

17 In the interim, Your Honor, Debra Isler did

18 provide Mr. Berger with the original deed. I

19 received the letter on December 3. On

20 December 5 -- Miss Friedman is in the Court.

21 Miss Julia Gambino and I went to Mr. Berger's

22 office and I said, "I'm thrilled that we finally

23 have the original deed. May I please have it?"

24 Mr. Berger said he had to wait for an order

25 from the Court which you signed on February 17,

1 19

2 so to do anything now would be going backwards.

3 You signed the order --

 4 THE COURT: No, I signed the order and

5 judgment, I believe.

6 MS. HENNEN: The Court is in receipt of a

7 letter dated December 3 from the special

8 guardian, Vincent Berger, Esquire, and a copy of

9 the deed with John Rieger as surviving

10 co-trustee under the Nicholas Psaroudis

11 revocable living trust dated January 26, 2001

12 conveying real property to Mary Ann Hennen.

13 Mr. Berger notes that Debra Isler, Esquire, had

14 previously been directed to deliver the deed to

15 Mr. Berger but had not indicated whether the

16 deed should be recorded. Mr. Berger indicates

17 that he's seeking the Court's approval to record

18 the deed but that he has no funds for the

19 recording charges which he estimates should be

20 approximately $225. The Court agrees with

21 Mr. Berger's implicit suggestion that the deed

22 should be recorded. Under the unusual

23 circumstances of this matter, Mr. Berger should

24 first make an inquiry to the Suffolk County

25 clerk as to whether the recording charges can be

1 20

2 waived. If that's permissible he should record

3 the deed and so report to the Court. In the

4 event that the recording charges can't be waived

5 in full, Mr. Berger should move on notice for an

 6 order permitting him to record the deed and

7 imposing responsibility for the cost thereof

8 upon Mary Ann Hennen. This might include a

9 request for permission to advance the funds and

10 seek reimbursement by future sale of the

11 property. Presently, the request by Mr. Berger

12 for permission to record the deed as set forth

13 in his December 3, 2008 letter is granted only

14 to the extent and upon the conditions stated

15 above."

16 I was all excited when I received this

17 order and I was all set to go to Riverhead

18 myself and record the deed. I have the $225, so

19 what I'm requesting today is that you order

20 Mr. Berger to provide me with the original deed.

21 We'll go to his office and and pick it up today

22 and I will take it out to Riverhead and record

23 it myself.

24 THE COURT: And Mr. Holst is opposed to the

25 recording of the deed?

1 21

2 MR. HOLST: I think it's totally

3 inconsistent with all the Court's prior orders.

4 Your Honor's order of May 30 says, "The clear

5 and convincing evidence before the Court

6 establishes that the alleged incapacitated

7 person, Mary Ann Hennen, suffers from functional

 8 limitations." The order and judgment gives

9 Mr. Berger certain powers.

10 "One, to enter into a retainer agreement

11 with legal counsel selected by Mary Ann Hennen

12 or if she fails to make a selection of counsel,

13 to seek appointment of an attorney consistent

14 with the provisions of Part 36;

15 "Two, serve as Mary Ann Hennen's

16 representative for the execution of all

17 documents, if necessary, for Mary Ann Hennen to

18 obtain title to the premises at 178 Bayview

19 Avenue, Northport, subject to the possession of

20 the special guardian and to the control of the

21 Court for the purposes of administration, sales

22 or other disposition," and then the part about

23 evaluating the various offers.

24 MS. HENNEN: What's the date of that?

25 MR. HOLST: Let me finish. The fact that

1 22

2 Mr. Berger has not been able to supervise a

3 transaction does not preclude the Court from

4 amending the order to have the special guardian

5 have the power to supervise a reverse mortgage.

6 He can do that as well. That would also protect

7 Mary Ann Hennen but short of that, we would make

8 an application to make Mr. Berger the temporary

9 guardian so that we avoid the situation where

10 there's been a finding that Miss Hennen suffers

11 from functional limitations that the Court has

12 determined, and if she gets engaged in a whole

13 bunch of claims regarding people to her house

14 and contracts to her house, that she won't be

15 protected and she'll end up losing the only real

16 asset that she has.

17 MS. HENNEN: May I respond?

18 THE COURT: Yes.

19 MS. HENNEN: What was the date of that

20 order that you were just reading?

21 THE COURT: That's the order and judgment

22 appointing Mr. Berger.

23 MS. HENNEN: That's back in May. I just

24 read the order --

25 THE COURT: I believe it's October.

1 23

2 MS. HENNEN: No he, was appointed in May or

3 June. What's the date of that order?

4 MR. HOLST: Well, I read two orders. I

5 read the order and judgment that I have dated

6 May 30, and I also read an order and judgment.

7 MS. HENNEN: I read into the record the

8 order that you signed on February 17, 2009, so

9 we're going backwards. Why would we go

10 backwards when you signed an order ordering

11 Mr. Berger to record the deed? All I need is

12 the original deed. I will go to Riverhead

13 myself today and record the deed and we can end

14 this and we don't have to drag this out for

15 another couple of years.

16 THE COURT: Mr. Berger, your question to

17 the Court is, your understanding is you were

18 empowered to record the deed. Your question was

19 regarding the fee?

20 MR. BERGER: No, I felt -- I think your

21 order is silent as to whether I should record

22 the deed. So there are two issues, A, should I

23 record the deed and, B, where do I get the money

24 from?

25 THE COURT: The order of February 17 that

1 24

2 people are referring to indicates after making

3 inquiry as to the waiver of the charges, if

4 that's permissible, he should record the deed

5 and so report to the Court.

6 MR. BERGER: Okay.

7 THE COURT: In the event charges can't be

8 waived, Mr. Berger should move on notice for an

9 order permitting him to record the deed and

10 imposing --

11 MR. BERGER: I inquired of the County Clerk

12 and found there is no way to waive the recording

13 charges.
14 MS. HENNEN: I do have the $225, so what

15 I'm requesting that Your Honor do today is

16 instruct Mr. Berger to provide me with the deed.

17 We'll go pick it up and I will go to Riverhead

18 and record the deed.

19 Your Honor, I request that the conversation

20 be on the Court record.

21 THE COURT: I'm consulting with the law

22 secretary. That does not have to be on the

23 record.

24 THE COURT: Mr. Holst, you were reading

25 from two orders. One was a May order.

1 25

2 MR. HOLST: And then the order and

3 judgment --

4 THE COURT: The one from May had language

5 regarding the statement -- we have a lot of

6 pages in this case.

7 MR. HOLST: The order from May 3 starts

8 out basically saying, "The clear and convincing

9 evidence before the Court establishes that the

10 alleged incapacitated person, Mary Ann Hennen,

11 suffers from functional limitations."

12 THE COURT: That's the decision.

13 MR. HOLST: This is --

14 THE COURT: Is that the decision after

15 hearing? Is that what that is, the memorandum

16 and order?

17 MR. HOLST: I believe so.

18 MS. HENNEN: Your Honor, I'd like to

19 respond to that. I'd like to read into the

20 record an affidavit which was never filed by

21 anyone --

22 MR. HOLST: I object to anything that's not

23 part of the record.

24 THE COURT: We're not reopening the

25 hearing.

1 26

2 MS. HENNEN: It's from doctor --

3 THE COURT: He's not here, and the hearing

4 is closed. I'm trying to stay focused on the

5 recording the deed issue.

6 So Mr. Holst, the county is concerned that

7 if title is in Miss Hennen's name without any

8 additional recordings, that she runs the risk of

9 losing the property?

10 MR. HOLST: Yes, your Honor. And as far as

11 the chronology goes, I believe we had the

12 hearing on May 14, 2008. I think the Court

13 reserved decision and then came out with the

14 order of May 30, 2008.

15 THE COURT: Right. The language in the

16 order and judgment of October 7, the order

17 appointing a special guardian, "It is ordered

18 and adjudged," paragraph F, under number 2, "the

19 power to serve as Mary Ann Hennen's

20 representative for the execution of all

21 documents necessary for Mary Ann Hennen to

22 obtain title to the premises at Bayview Avenue,

23 Northport subject to the possession of the

24 special guardian and to the control of the Court

25 for the purposes of administration of the sale

1 27

2 or disposition."

3 After consulting with the law secretary, I

4 believe that language would authorize Mr. Berger

5 to file the statement, not necessarily a notice

6 of pendency but there is a statement pursuant to

7 Section 81.20, subdivision 6, small V, and that

8 authorizes a guardian to file with the recording

9 officer of the county where the property is

10 located an acknowledged statement to be recorded

11 and index identifying the real property and

12 stating the date of the adjudication, et cetera.

13 So Mr. Berger, you're familiar with that?

14 MR. BERGER: Yes, I am, Judge. Normally

15 that applies to a situation where there is a

16 property guardian, but I'm aware of it.

17 THE COURT: So it would seem to me that all

18 the purposes could be accomplished. If that

19 statement is recorded and the deed is recorded,

20 then there is notice that there was a

21 proceeding. Miss Hennen would have title to the

22 property. It would be on notice to the world

23 that she owns the property and then if she

24 decided subsequently to engage in a sale, the

25 provisions of the special guardianship would

1 28

2 then kick in and be applicable. It would seem

3 to me that would serve your purposes, Miss

4 Hennen's purposes, the county's purposes.

5 MR. HOLST: As long as that's going to be

6 considered part of the enumerated powers.

7 Otherwise we'd make application to amend the

8 powers to specifically give that additional

9 power to Mr. Berger.

10 MS. HENNEN: Your Honor, I object to any

11 provisions. I want the original title because

12 Mr. Nardo, who was representing me, is

13 responsible for the title being transferred.

14 THE COURT: Are you saying the original

15 documents? You have title?

16 MS. HENNEN: But he didn't provide me with

17 the original.

18 THE COURT: You're talking about the

19 original deed?

20 MS. HENNEN: Yes.

21 THE COURT: You have title.

22 MS. HENNEN: So basically, Your Honor, it

23 was Mr. Nardo who was responsible for Rieger

24 transferring the title. He sent the letter. I

25 have his letter which is in the file, and he

1 29

2 said, I demand that you transfer the title to

3 Miss Hennen's property, which Rieger did on

4 April 6.

5 THE COURT: Correct.

6 MS. HENNEN: It was transferred to me.

7 THE COURT: And you have title to the

8 property, but it's not recorded.

9 MS. HENNEN: Because Mr. Rieger didn't

10 provide me, Mr. Nardo with the original deed.

11 We thought Rieger had it. We didn't realize --

12 THE COURT: I understand. We're past that.

13 MS. HENNEN: Basically what I want is my

14 original deed, no provisions. I want to record

15 my deed today, myself and either sell my house

16 or do whatever I have to do.

17 THE COURT: As I indicated, if you're

18 choosing to sell, then the special guardian has

19 the powers as enumerated.

20 MS. HENNEN: What if I decide to sell it

21 next summer?

22 THE COURT: As long as that guardianship is

23 in existence, he has that power. If you're

24 talking about terminating the guardianship,

25 there are formal applications, there are

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2 procedures and it has to be done. Right now as

3 we sit that guardianship is in effect and

4 remains in effect indefinitely.

5 Mr. Berger, if you record that statement

6 then I suppose it really doesn't matter if he

7 records the deed or Miss Hennen records the

8 deed.

9 MR. HOLST: Your Honor, I would suggest

10 that Miss Hennen give the money that she says

11 she has to Mr. Berger, make sure Mr. Berger, who

12 is an attorney, has it done properly, that it's

13 properly filed and recorded.

14 THE COURT: It's probably in your best

15 interests.

16 MS. HENNEN: Okay, I would also like to

17 state for the record that I met with Mr. Larry

18 Gray for three hours on Sunday and he says the

19 sole purpose of this hearing is to get the

20 original deed to your property in your hand and

21 you request the Judge to order Mr. Berger or

22 Mr. Holst or whoever is in possession of the

23 original deed to provide me with the original

24 deed, and he and I will go out to Riverhead to

25 record --
 1 31

2 THE COURT: Mr. Gray is not a party in

3 this proceeding. He has not appeared.

4 MS. HENNEN: He's aware of the situation.

5 THE COURT: He has no relevance to the

6 proceedings, other than you had a conversation

7 with him.

8 MS. HENNEN: All want is the deed to my

9 property. This dragged on. It took me seven

10 years to get the property from Rieger to my

11 name. The county spent three hours in May

12 trying to get the title out of my name and into

13 their name.

14 THE COURT: I don't know anything about

15 that. As a result of the guardianship the deed

16 has been conveyed to you.

17 MR. HOLST: If the county hadn't brought

18 the guardianship petition, we wouldn't even be

19 this far.

20 THE COURT: I just said that as far as I

21 know it's as a result of this proceeding that

22 the title was conveyed to Miss Hennen.

23 MS. HENNEN: Will you direct Mr. Berger to

24 record the deed? We'll accompany him and go out

25 to Riverhead and record the deed.

 1 32

2 THE COURT: He'll record the deed.

3 MS. HENNEN: Yes.

4 THE COURT: You will give him the funds.

5 MS. HENNEN: We'll accompany him.

6 THE COURT: Mr. Berger?

7 MR. BERGER: Yes?

8 THE COURT: Any problem with that?

9 MR. BERGER: I can barely hear when

10 somebody speaks.

11 THE COURT: Miss Hennen indicated and I

12 indicated if you filed a statement as set forth

13 in the section that I cited --

14 MR. BERGER: I will do that.

15 THE COURT: And I asked Miss Hennen, she

16 says she has the recording fee, and I indicated

17 she should turn that over to you so it can be

18 recorded. She indicated she wanted to accompany

19 you when you record it, but I don't know if

20 that's your policy to physically take it.

21 MR. BERGER: I'm not going to personally do

22 it. I'm going to send it certified mail return

23 receipt requested to the County Clerk. That's

24 the way I do it.

25 THE COURT: Perhaps you can notify Miss

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2 Hennen when you're about to do that.

 3 MS. HENNEN: Is there a problem with us

4 picking it up and my recording it?

5 THE COURT: The section that I just cited

6 in the order and judgment indicates that the

7 special guardian is to maintain control, to make

8 sure that the process is done. My direction

9 would be that Mr. Berger file the statement,

10 file the deed but that you provide him with the

11 funds. He will give you the receipt to file the

12 deed.

13 MS. HENNEN: I object to any guardian

14 being involved. I don't need a guardian.

15 THE COURT: I know you have objected, but

16 that's been adjudicated. Unless and until

17 somebody finds otherwise, that's what stands on

18 the record. I have made a determination

19 following a hearing.

20 Anything else? Mr. Berger?

21 MR. BERGER: The County Clerk will accept

22 an attorney's check but will not accept any

23 other --

24 THE COURT: I understand what Miss Hennen's

25 indicated. I think you have it in cash?

1 34

2 MS. HENNEN: Yes.

3 THE COURT: If she provides you with cash

4 you will give her a receipt. He's indicating

 5 that the county clerk wants an attorney's check

6 for recording the deed.

7 MS. HENNEN: An attorney's check?

8 THE COURT: Mr. Berger has an attorney's

9 check.

10 MS. HENNEN: Okay, now when this deed is

11 recorded, how is the county involved or this

12 guardian or Mr. Berger involved in my life if I

13 don't want --

14 THE COURT: We have gone over that and I'm

15 going to have to bring the proceedings to an

16 end. He's special guardian. The order is for

17 an indefinite period. Unless and until that

18 changes, you're free to bring an application, a

19 formal application if you wish to try to

20 terminate it. But unless and until something

21 changes, he's the special guardian with the

22 powers that were granted in the October 7, I

23 believe --

24 MR. BERGER: October 7, 2008.

25 THE COURT: -- October 7, 2008 order and

1 35

2 judgment. All right. So Mr. Berger, if Miss

3 Hennen brings the cash to your office, someone

4 will give her a receipt, correct?

5 MR. BERGER: Yes. I'd like her to make an

6 appointment to do that.
 7 THE COURT: He's asking that you call him

8 and make an appointment when you're going to

9 come.

10 MS. HENNEN: I'm coming right now.

11 THE COURT: Can she come today, this

12 morning?

13 MR. BERGER: Yes. She can leave the funds

14 with my secretary.

15 THE COURT: Carol.

16 MR. BERGER: I don't know exactly what

17 they're going to be, but we're going to try to

18 find out from the County Clerk.

19 THE COURT: Okay, would you have that when

20 she comes.

21 MR. BERGER: I will try, Judge, yes.

22 MS. HENNEN: Your Honor, I'd like you to

23 order him to record it as soon as he gets it, as

24 soon as possible, not ten weeks from now.

25 THE COURT: He will do it expeditiously,

1 36

2 correct, Mr. Berger?

3 MR. BERGER: I will do it within 24 hours

4 after I receive the money.

5 THE COURT: Within 24 hours.

6 MS. HENNEN: Thank you.

7 THE COURT: Thank you.

8 MR. HOLST: Thank you, your Honor.

 9 THE COURT: Thank you, Mr. Berger.

10 MR. BERGER: Thank you, Judge.

11 THE COURT: You're welcome.

12 MR. BERGER: Are you going to cut an

13 order?

14 THE COURT: No. I indicated that in the

15 powers that are in the order and judgment.

16 MR. BERGER: Okay. I was just wondering if

17 you were going to do a further order on the

18 basis of what occurred today.

19 THE COURT: We have a transcript.

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4 CERTIFICATION

6 The foregoing is certified to be a true and accurate

7 transcript of the stenographic notes for the

8 above-captioned matter.

10 ____________________________________________
11 Barbara Greenberg, C.S.R., Official Court Reporter,

12 Supreme Court, State of New York

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