Scott Fairgrieve
REPRESENTATION:
Bernard Mirotznik, Esq., Attorneys for Petitioner; Jody N. Gerber, Esq., Attorney for Respondent.
Scott Fairgrieve, J.
DECISION AFTER ORAL MOTION
Petitioner Cesira Scura has commenced a holdover against Respondent Linda Scura (daughter-in-law) concerning the property located at 145 Traymore Boulevard, Island Park, New York.
There is presently pending a matrimonial action in the Supreme Court before Justice Edward A. Maron, under index no. 201836/11 between plaintiff Philip Scura (son of Petitioner herein) and the Respondent Linda Scura who is a defendant in the matrimonial action. The law firm of Bernard Mirotznik represents both Petitioner Cesira Scura herein and the son plaintiff Philip Scura in the matrimonial action.
Plaintiff Philip Scura executed the Nassau County Uniform Preliminary Conference Order Contested Matrimonial, dated October 4, 2011, which granted exclusive use of the marital residence to the wife (Respondent herein). The foregoing was "so ordered" by Justice Edward A. Maron.
On October 4, 2011, Linda Scura and Philip Scura also signed another stipulation in the matrimonial action which was "so ordered" by Justice Maron, which allowed Linda Scura to change the locks on the doors leading into her portion of the premises.
Petitioner has submitted the deed, dated February 18, 1972, demonstrating ownership in the names of Pasquale Scura and Cesira Scura. However, Respondent submitted the certification of occupancy issued by the Town of Hempstead to Philip Scura as owner for 145 Traymore Boulevard, Island Park, New York 11558. Respondent has also submitted the sworn affidavits of Philip Scura, submitted to the Hempstead Town Building Department, indicating that he owns the said premises.
Based upon the foregoing, this Court dismisses the within action because all the issues raised herein properly belong in the Supreme Court Matrimonial action pending between Philip Scura and Linda Scura.
So Ordered:
Hon. Scott Fairgrieve
DISTRICT COURT JUDGE
CC:Bernard Mirotznik, Esq.
Jody N. Gerber, Esq.