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Sunday, September 16, 2007

Brooke Astor Court Attorney Living in Dead Lady's Home - Surprise to Family Members...CLICK HERE FOR FULL STORY

As, finally, the heat is on over how the affairs of retired Judge John L. Phillip's has been abused by a corrupt system, we revisit Westchester Surrogate’s Court’s "Dastardly Deeds," where we celebrate the 10-year anniversary of the scheme by the Surrogate's Court Law Department charged with over-seeing the wishes of the departed. The Court's own Law Department found their own court attorney moving into a decedant's Scarsdale home with her family. That same Law Department attorney-referee, Jody B. Keltz, is now involved in the Brooke Astor estate proceedings......MORE.....

When 88-year-old Berta M. Murray died on August 12, 1997, she probably had not previously considered that the Scarsdale home built by her father, and that had been in her family for decades, would soon be occupied by a Westchester County Surrogate’s Court attorney-referee who worked in the very same court’s law department charged with the duty to oversee the affairs of the deceased-- A fact that has been secreted from her surviving relatives, they say.

But Westchester Surrogate’s Court employee, attorney-referee Jody Keltz and her attorney-husband, Carl T. Peluso of Peluso & Touger in Manhattan, really liked that house at 168 Gaylor Road in Scarsdale, so in they moved in the Spring of 1998. And the two attorneys still call it home, even now as questions swirl as to just how they came to own the dead lady’s house.

By all accounts, the Keltz-Peluso attorneys never knew Berta, and they had most likely never invited the elderly widow to their prior home located at 75 Third Place in Brooklyn, New York.

“It’s outrageous that a Surrogate’s Court lawyer bought Berta’s house,” said an 80-plus-year-old cousin of Berta, and who only recently learned that Ms. Keltz was a lawyer in the Westchester Surrogate’s Court. “This stinks to high heaven, and I’m mad. It’s just not right, I don’t like this at all!” she added.

The real estate deal by the Keltz-Peluso team is reminiscent of a Brooklyn Surrogate Court “arrangement” in 2002 where, as the Village Voice described it, Judge Scholnick’s clerk “…snatched up the 11-room brownstone…of 85-year-old Elsie Perry…in a move that would make Donald Trump proud…” Honorably, Brooklyn Chief Court Clerk, George Crowley, refused to keep quite, saying publicly that, “If I did this, I would expect to be fired. The whole thing was unethical…the judge shouldn’t have allowed it…”

Brooklyn senior court official Crowley was so outraged by the cozy inside real estate deal that he took the highly unusual step of placing a note about it in the decedent’s Brooklyn Surrogate’s Court case file. But in the Westchester Murray-Keltz-Peluso transfer, no such concern has ever been voiced or documented by Surrogate’s Court Chief Clerk John Kelly or Surrogates Emanuelli or Scarpino. “Isn’t a Surrogate Court supposed to make sure everything is on the up-and-up, and handled properly?” asked Berta’s cousin, adding, “I knew Berta over seventy years, and everyone knew she wanted that house to stay in the family.”

Berta’s Dead: Enter The Vultures

A cursory review of Berta Murray’s estate file appears that it is largely normal, according to legal experts engaged to analyze the Murray estate transactions, and who are familiar with New York estate law, ethical obligations and the specific practices of the Westchester County Surrogate’s Court. However, they noted, the complete absence of any estate file “accounting” is quite unusual. And though not required, the name of Surrogate’s Court attorney-referee Jody B. Keltz, is nowhere to be found in the estate file. However, a review of the property Deed on file in the Westchester County Clerk’s office memorializes the transfer of ownership of 168 Gaylor Road in Scarsdale from the “Estate of Berta M. Murray…by The Bank of New York…to Carl T. Peluso and Jody B. Keltz, his wife.”

In a recent telephone conversation, a court employee confirmed that Ms. Keltz was still employed as an attorney-referee in the Surrogate’s Court’s law department. When asked to comment about the Keltz property transfer, she advised that, “If you want to keep your job around here, you keep your mouth shut.” When asked her name, the telephone connection ended.

Move from Scarsdale to an Astor Estate Would Be Nice

A quick review of Berta’s estate file also shows a relatively standard probate proceeding, and it is quickly observed that The Bank of New York is the fiduciary and that the house was valued at $350,000.00--approximately one half of the total estate value of $742,968.00.

  • But an in-depth analysis reveals some eyebrow-raising facts, including that Berta’s last will was substantially different than her stated wishes as expressed to friends and relatives since her husband Elmer died in December of 1982. “In Westchester, everyone gets a crumb,” one estate lawyer noted. But those associated with the “new” wishes of Berta Murray EACH received “crumbs” worth tens of thousands of dollars: Attorney W. Rowland Miller of the Judy, Miller & O’Connor law firm in Scarsdale, and who drafted the Will for Berta (and in which The Bank of New York is named as the new fiduciary), and who was then retained as the attorney for the fiduciary, The Bank of New York;
  • Attorney Samuel S. Yasgur, then of the Hall Dickler law firm, and who was appointed by former Hall Dicker lawyer and then-Judge Emanuelli to represent “unknown heirs”; and
  • Real estate agent Camille Paradise of Claire D. Leone Real Estate, who lived in Berta’s neighborhood and who was the realtor that handled the sale of the house to court employee Keltz and her husband.

“Judges and attorneys have an obligation to avoid even the appearance of impropriety,” observed one White Plains estate attorney who asked that his name be withheld, adding, “But that ethical requirement doesn’t apply here-- every player gets their piece of the pie-- that’s how court business is done in Westchester County.” He conceded that, “On its face, this doesn’t look good-- a state-employed attorney-referee working in the Surrogate’s Court shouldn’t be purchasing a house from any estate her court is overseeing.”

Under Westchester County Surrogate Anthony A. Scarpino, court attorney-referee Jody B. Keltz continues her work insuring a high level of integrity in the administration of estate proceedings, also while holding professional fiduciaries, such as banks, to a high set of ethical and performance standards.

The biggest “crumb” from the Estate of Berta M. Murray went to Westchester County Surrogate’s Court attorney-referee Jody B. Keltz and her attorney-husband Carl T. Peluzo. That “crumb” -- the house and property located at 168 Gaylor Road in Scarsdale is, according to the village of Scarsdale tax office, now conservatively valued at $950,000.00.

See recent stories on this forum about the abuse of Retired Judge John L. Phillips -- 3 stories: September 1st, 2nd and 3rd, of 2007.

by Frank Brady © 2007

33 comments:

Anonymous said...

The office Of Corrupt Discrimination or( The office Of Court Administration) is an amazing trip! The more that is unveiled about them ( and believe me there is much more and in the vein of organized crime) the worse it reveals about so many people in the business of LAW! Crimefighters and judicial do gooders committing crimes are the worse chunk of criminals i have ever seen...and i have been in the court business for 30 years! At least the average criminal steals less than $1000, and tells lies that we all laugh about. These legal thugs should be punished in the company of the now incarcerated, who will be informed of what these monsters stole or committed, while they watch what little time they get and can go back out and practice law again.....making new millions! OCA is on its last leg and they don't believe it...WATCH!

Anonymous said...

Had heard rumors about this situation with Keltz/Peluso. It is outrageous that this would be permitted. Ethically it should not be allowed. How do they get away with it? Now she gets placed on the Astor Estate. There are people in that office that are more qualified. Why Keltz?

Anonymous said...

Why did the Surrogate Anthony Scarpino do this? What is going on? What is with the Keltz/Peluso connection?

Anonymous said...

this witch Jody Keltz (and Tony S) in the Astor money, watch out!!!

Anonymous said...

I can't believe that an state paid court-attorney working in the Surrogate's Law department even THOUGHT about buying a house from an estate while it was under her own law department's charge.

She should be prosecuted, along with the Surrogate who allowed it, and all the other court workers who remained silent about it. This is gross.

Anonymous said...

This whole issue (purchasing a house from an estate in the Westchester Sur. Ct.) involving Ms. Keltz, Judge Scarpino and his predecessor, is morally repugnant. For the life of me, I don't know why this hasn't had a full-blown investigation. I would think that several people should have been sanctioned at the minium. This is scandalous.

Anonymous said...

So we know this is a cover-up and we can understand why this is being covered up. BUT WHO ARE THE PARTIES BEHIND THIS COVER-UP?

Anonymous said...

spent time read this blog and found it very revealing...probably the most horrendous is this piece (plus the other parts) about the Surrogate employee who winds up with a house from an estate in her court....were all her co-workers at the court helping her..... something is fundamentally wrong here, am I the only one who sees this?...... one of the answers is not to die in NY....... -30-

Anonymous said...

Under the circumstances, how is this individual still employed by the State of New York?

Anonymous said...

Jody, Carl & family have been seen in their Dutchess County estate

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Unknown said...

Would someone please contact me regarding their experience with the Westchester Surrogate Court Corruption! Including the Public Administrators Office. Thanks in Advance!!!

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2
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