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Sunday, August 9, 2009

Surrogate Judge and Friends Holding Money From Cancer Victim in 19-Year Old Estate

Judge's Cronies Keep Money from Cancer Patient in Mother's 19-Year-Old Estate

Adrienne Marsh Lefkowitz found out she had cancer over two years ago. While most people know that stress is not good for cancer patients, perhaps someone needs to tell that to Westchester County Surrogate Judge Anthony A. Scarpino and The Bank of New York who continue to destroy the Bank’s cancer-victim opponent.

Lefkowitz, a retired New York State attorney is only too familiar with stress as a way of life, a horror involving her mother’s Westchester County estate that has been going on since Irene Marsh’s death 19 years ago. Westchester County Surrogate Court records indicate that Irene Marsh’s other distributees timely received their monies years ago. However, Ms. Lefkowitz and her daughter did not. (Incidentally, Ms. Lefkowitz’s father’s 21-year-old New York County estate is also still pending.)

For many years Ms. Lefkowitz’s estate distributions were often seized in secret by the estate executor, the Bank of New York. The Bank even refused to release her monies (almost $200,000.) after she made a special request related to her cancer diagnosis. And that medical request also didn’t matter much to Westchester County Surrogate Anthony A. Scarpino who not only denied the emergency medical request but failed to even mention the medical need in his decision. (Matter of Irene B. Marsh, New York Law Journal, October 20, 2006, page 28)

Though Lefkowitz provided evidence from her doctor concerning the cancer diagnosis, and her own affidavit seeking an “expedited resolution” to her request for the release of the undistributed funds withheld from her for years, the judge denied her request in a September 28, 2006 ruling. One attorney who reviewed the public file said, “It’s quite clear that Ms. Lefkowitz presented evidence to the court concerning her cancer diagnosis, and her urgent need for special care and treatment. I can’t understand or explain why the request was denied, and without the court even commenting on her need for monies for immediate cancer treatment.”

A review of the filed documents reveal that while rejecting the original grounds asserted by the bank-executor for withholding Lefkowitz’s distributions, the judge refused to release the funds to Lefkowitz because of the bank’s new argument of anticipated future litigation expenses, and a potential estate insolvency. The Bank of New York concealed from the court that it has refused to pay any more legal bills since January 2004.

“But only Lefkowitz, of the 5 beneficiaries was, in effect, being required to “post a bond” for future estate legal expenses,” says another legal expert after a review of the file. “The denial of monies to a cancer patient is reprehensible on its own, but given the bank’s admission to criminal activity, the Bank of New York is hardly a suitable fiduciary in any estate.” He added, “Under New York State Probate Laws, Article 7 of the SCPA, “dishonesty” is grounds for removal of The Bank of New York as it cuts directly to their ineligibility as a fiduciary. This estate should have been finalized years ago, and the denial of money for a cancer patient by the judge and the fiduciary are shocking- beyond words.” (Click her to see Related Story, "FBI Swamped with Bank of New York Violations")

Instead, the court has left The Bank of New York in place as the fiduciary of Lefkowitz’s mother’s estate, with the clear message that Lefkowitz would get no money for cancer treatment or care, or anything else, because of her plans to finally hold the bank accountable for its failings over the past 19 years, which include their dereliction in securing the Marsh family furnishings, art and jewelry. Lefkowitz is also opposing the huge attorney bills to the estate from McCarthy Fingar LLP. (The reader may recognize the McCarthy Fingar law firm from other stories on this forum, including the Thomas and Agnes Carvel estates) (click "JUDGE TO CANCER PATIENT..." icon on right to view the Court Decision and Lefkowitz's Affidavit),

The FBI has been investigating why over $300,000 of Lefkowitz’s daughter’s trust funds had been wrongfully retained in trust by the Bank of New York over 2 years after the termination date as set forth in the Marsh wills. The FBI probe follows the 2005 non-prosecution agreement where the Bank of New York agreed not to commit any more crimes, as reported in The New York Times on November 9, 2005. The bank’s non-prosecution agreement with the U.S. Attorneys’ Eastern and Southern Districts of New York involved criminal activities which implicated the bank’s corporate counsel’s office and high-level Bank of New York executives. Ms. Lefkowitz declined to comment on this story.

19 comments:

73 and counting said...

A Westchester lawyer friend just emailed me about this website. Keep up the good work!

I can't believe it's been that bad in White Plains. I thought only Dutchess County had this corrupt stuff going on- and who'd believe it anyway, a near-retirement lawyer would be laughed at for being senile. If you get a state senate inquiry or, better, some investigation going, I WILL GLADLY TESTIFY. And I know many, many other attorneys who will come forward also. Listen to me: It's not so much the line judges, it's the administrative people throughout OCA who are completely corrupt !!!!!

Anonymous said...

It's better if people just die so the lawyers can have all the money.

Anonymous said...

It's unbelievable the way Tony runs his "courts." He either has no idea that their are actual laws and procedures he is mandated to follow, or more likely, he knows he can just do whatever he wants and no one can or will do anything about it.

Tony has had more complaints against him lodged with the Disciplinary Committee than I can even count, yet not one on them was ever deemed worthy of the Committee's time.

How is it that all these other judges lose their jobs after violating procedural requirements and Tony gets away with that and even more?

New York, what a state.

Anonymous said...

This story is very sad..I will pray for this woman..What the hell is this Judge doing? Please bring in the FEDS and lock these thugs up for LIFE!!!!!It's time to bring down the HOUSE!!!!!

Anonymous said...

Were is Senator John Sampson?
What and when is Senator Sampson going to do yo help?
Just what i thought, another Pol
that says one thing and does another. Thir was a senator at the hearing sitting to the right of Sampson. That senator treated the witness at the hearing badly.
He agressivly went after them trying to discredit them.
Does his voters in his area know his views?

Anonymous said...

Hogwash. Sampson MUST be admired for at least having a hearing! No one else has! I understand more hearings are going done. Give this guy credit. I saw both videos TWICE. This was a powerful first step in bringing down some of the corrupt state employees.

Anonymous said...

Hey, Cuomo, get out from under your rock. This is about public integrity. Cuomo, do you have public integrity?

Anonymous said...

Andrew Cuomo, when you return from this weekend; get off your rear and do what is your constitutional duty. No more rear end kissing of corrupt lawyers and judges. Try ethics; it may make you feel better.

Anonymous said...

Just read this, my wife died from cancer and this is terrible. How could a Judge do this. Hope this happens to his family if he has one. This cold heartless bastard should be run out of the country on a pole. Sent him to Devils Island and let him die without medical care. Scarpino want this for someone let it happen to him. The first story appeared several years ago, so what happen as a result? Where is all the oversight? This dirtbag is out of control. He should be removed from the bench. I have circulated this story to the cancer organizations.

Anonymous said...

I agree with the writer who is skeptical of Sampson's hearings.

Think about it...why would one State senator ever consider taking on the long time embedded corruption of OCA himself...certainly a career killer for a state official? He will listen to all the secrets and view the faces with the facts and information..and then do what with it all? Who or what is then in place willing to confirm our facts and start any kind of criminal investigation into this large scale mess?

The FBI is cowering from this investigation and this one sole Senator is going to bust it all out... and with what army has he employed?

This appears as a setup to me, to gather intelligence and faces...and I am suspect of the entire event and how the last one was handled and who showed up and stayed. This doesn;t sound fishy to all of you..it is an impossible feat to undertake. I know everyone is eager to get this investigated...but you must be cautious about who is offering...if not a higher power than the state attempting to check on the state..it is likely bogus!

Anonymous said...

Congratulations to all of us. They sent a troll to discourage us from speaking out. We're getting under their skin. Keep it up.

Anonymous said...

I recall seeing this story a few years ago and thought that this cancer victim had rec'd her money. Now I learn that she has not. How Sad! Let's put pressure on Judge Scarpino and find out where he lives and picket his house. He also is running for relection next year. Let's not forget this fact. Is anyone running against him? Think the Cancer groups would join on this one.

Anonymous said...

your right, if the Feds are not going to attend, then she should have the cancer groups attend this...............
what a show..........

Anonymous said...

This appears as a setup to me, to gather intelligence and faces...

who cares, if they are violating our rights they have already gathered our faces......

keep speaking out
keep speaking out
keep speaking out

Anonymous said...

Cancer victims unite! If Judge Scapino doesn't do the right thing, then Cancer victims will vote for someone else.

Judge Scarpino better see to it that the RIGHT THING HAPPENS HERE if you know what I mean!

Anonymous said...

Always speak out...loud and clear!

But keep in mind and be leary of all state judicial and government politicians.... for when they gather facts and information that embarrass one or all of them...they ALWAYS...cover-up and spew these FAMILIAR lines...unfounded with facts that do not support the allegations!

That is the concern for having any state official investigate their own or their brothers corruption ...as they all are receiving benefits of tremendous magnitude..and will never plot to tear that away from even one individual...moreless the potent black robe syndicate of the judiciary!!!

court employee said...

This situation is the buzz in the court house. People are jumping all over Tony on this one. He bent over backwards for Frank Streng and the Bank of New York on this matter. Will it come back to bite Tony?

cancer survivor said...

Reading this story has made me sick. What is the current status of this victim of cancer. In fact not only is this lady a victim of cancer she is also a victim of Judge Scarpino and the Courts. Does anyone know if she is alive? Please post any information on this blog - Thank you.

Anonymous said...

Is Judge Anthony Scarpino still screwing the cancer patient Ms. Lefkowitz? A friend in White Plains gave me the name. Have heard his friend Frank Strang talk looking for business and don't trust him. They are predators and both should be disbarred, they can't continue to cover up forever.

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