New York State Court of Claims

New York State Court of Claims

SHELANSKEY v. THE STATE OF NEW YORK, #2009-009-017, Claim No. 96868, Motion No. M-76884


Synopsis


The Court approved the resignation of Steven B. Alderman as Disinterested Trustee of a Supplemental Needs Trust for Nicholas A. Shelanskey, as well as the appointment of Joseph A. Greenman as successor Disinterested Trustee of said trust.

Case Information

UID:
2009-009-017
Claimant(s):
RICHARD W. SHELANSKEY, Jr. and CATHY SHELANSKEY, As Parents and Natural Guardians of NICHOLAS A. SHELANSKEY, an Infant
Claimant short name:
SHELANSKEY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96868
Motion number(s):
M-76884
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
BOND, SCHOENECK & KING, PLLC
BY: Brian K. Janowsky, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Roger B. Williams, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
July 16, 2009
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Richard W. Shelanskey, as the Individual Trustee of the Supplemental Needs Trust established for his son, Nicholas A. Shelanskey, has brought this application seeking judicial approval of the resignation of Steven B. Alderman, the Disinterested Trustee of said trust.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Application of Richard W. Shelanskey, with Exhibits 1,2


Affirmation of Roger B. Williams, Esq., Assistant Attorney General 3

In his moving papers, Richard W. Shelanskey has included a signed and acknowledged Resignation of Trustee from Steven B. Alderman (Exhibit B), as well as a Consent, Oath and Designation from Joseph A. Greenman, agreeing to serve as the successor Disinterested Trustee of the Trust (Exhibit C). The Court notes that Joseph A. Greenman was designated as a successor Disinterested Trustee in the Supplemental Needs Trust (Exhibit A, page 15). The Court further notes that the resignation of a Trustee must be approved by a Judge of the Court of Claims (Exhibit A, page 16).

The Court has reviewed the submitted papers, as well as the Affirmation submitted by Mr. Williams, the Assistant Attorney General, and finds and determines that it would be in the best interests of Nicholas A. Shelanskey to approve the resignation of Mr. Alderman, as well as appoint Mr. Greenman as the successor Disinterested Trustee. In granting such immediate relief, however, the Court also finds that a final accounting from Mr. Alderman, as Disinterested Trustee, must be completed and submitted to the appropriate court for judicial settlement (Exhibit A, page 16). .

Accordingly, it is

ORDERED, that the resignation of Steven B. Alderman as Disinterested Trustee of the Supplemental Needs Trust established for the benefit of Nicholas A. Shelanskey is hereby approved; and it is further

ORDERED, that Joseph A. Greenman, pursuant to his Consent, Oath and Designation, is appointed as successor Disinterested Trustee of said trust, and letters of trusteeship shall be issued to said Joseph A. Greenman, who shall serve without bond; and it is further

ORDERED, that upon completion of an audit of the actions of Steven B. Alderman as Disinterested Trustee, a final accounting must be submitted to the Surrogate’s Court of Onondaga County for judicial settlement, with a copy of said accounting to be simultaneously provided to this Court, the Guardian for Nicholas A. Shelanskey, and Nicholas A. Shelanskey, as required by the Trust Instrument.


July 16, 2009
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims