What is the effect of a police investigation into a possible homicide on an application for letters of administration?

"New York", United States of America

The following excerpt is from Estate v. Hackett, 62 Misc.3d 691, 88 N.Y.S.3d 775 (N.Y. Sup. Ct. 2018):

a possible homicide far outweighs the petitioners' interest in securing information in support of an application for letters of administration"( id. ). Notably, however and in plain recognition not only of the early stage in the estate proceedings in which the issue was presented, but also of the evidently incomplete state of the separate police department investigation the court rendered its determination, explicitly "without prejudice to a renewed application at the termination of criminal proceedings or at a future date if formal proceedings are not commenced " ( id. , emphasis supplied). See also Demoya v. Sinha , 29 Misc. 3d 1228(A), 2010 WL 4904669 [Sup. Ct. Queens County 2010] (defendant's subpoenas to District Attorney seeking production of emails between complainant/plaintiff and prosecutors, served in civil action during pendency of defendant's appeal from conviction in criminal proceeding against defendant, stayed, with proviso that "[d]efendant retains the right to move to vacate the stay in the event the criminal proceeding is not disposed of within reasonable period of time").

Other Questions


Does a fact-finder have to credit an applicant's explanation that his wife omitted details in a letter because she was afraid that the police would read the letter? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the test for failing to research job possibilities under Schedule 1 of the Applicant's visa application? (Canada (Federal), Canada)
Can a police officer stop a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the effect of a subsequent application for Social Security Disability Benefits (SSI) being approved based on a subsequent SSI application? (MultiRegion, United States of America)
When a motorcyclist is stopped by police in a "hot pursuit" vehicle, can the police use the phrase "police pursuit" doctrine? (MultiRegion, United States of America)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
Is advising the police that they have probable cause to arrest an advocacy function during the investigative stage of the child abuse investigation protected by absolute immunity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.