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").
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