The Estate of Abraham Rad

I’m only Seeking Justice

INVOLVING
Ethel Griffin
Public Administrator of the City of New York, County of Manhattan,
Office of the Public Administrator, Room 311,
The Surrogate Court,
31 Chamber Street,
New York, New York, 10007

RE: ESTATE OF ABRAHAM RAD, CASE # 1737-1992

Tax Fraud
Real Estate Fraud
Conflict of Interest
Judicial Misconduct
Interference with Proper Discovery Procedures
Requesting access to files

August 4, 2010

Ms. Griffin:
My name is Nahid Rad, daughter to the late Abraham Rad.
I am writing this letter in regard to the Estate of my late father, in order to inform you that on Friday May14, 2010, after eighteen years of litigation, I have just discovered that two large boxes of files containing pertinent documents are located in your office, and they are not accessible. The unavailability of these files date back to November 10, 1994; back to the day Judge Roth appointed you as Public Administrator for the Estate of Abraham Rad. In fact, all subsequent pertinent decisions, documents and files have been kept out of reach, ever since.

After years and endless attempts, I am still unsuccessful in gaining access to the complete files. As a result, I felt compelled to write a complaint letter to Judge Webber, the temporary Judge who replaced Judge Roth after her retirement.(Enclosed is a copy of this letter dated January 25, 2010). Exhibit A

Judge Webber responded to me in a letter sent on February 22, 2010, stating:
“It is my understanding that the complete files are and have always been in the Record Room of this Court.” Basically, she assured me that they are readily available and accessible in the Record Room at the Surrogate Court. (Enclosed, please find a copy of Judge Webber’s response letter). Exhibit B
But once again I found out, that was not the case.

My need for having access to ALL the files has been extremely critical due to the fact that I began the process of Appealing Judge Roth’s Final Decision regarding the Final Accounting of the Public Administrator. In short, I have been attempting to Appeal your Final Accounting, but have been disadvantaged, by not being able to obtain the necessary information, in order to perfect my Appeal. (Enclosed, please find Notice of Appeal) Exhibit C

I reside in the state of Arizona and I am a professional floral designer; but surely, not an attorney. Yet, I was forced into representing myself Pro se in these proceedings. I was put in this position, because as history has proven, I was once again compromised by another attorney of record in regard to this Estate.

On December 24th 2010, my attorney of record filed a motion to withdraw, only one month prior to the due date of filing the brief for my appeal. This attorney’s resignation took place after he had run my time out, along with the two Enlargements, which were granted by the Appellate Court, on January 21st 2010. Consequently, leaving me no choice but to learn the procedure, make discoveries and apply them to my brief, in order to file my Appeal and create the Record, all in that unrealistic short span of time.
(Please find the Motion to withdraw by my Attorney of Record and the Granting of that Motion by the Appellate Court, Granted on January 21, 2010, ten days prior to the due date for filing of my Appeal). Exhibit D

Finally, after all these years, on Friday, May 14, 2010, only six days prior to the Judges rendering their decision, regarding my Appeal filed in New York Supreme Court, Appellate Division-First Department, a number of employees at the Surrogate Courts’ Record Room, confirmed that certain pertinent files are in fact missing and always have been. I was informed that these files have always been locked in the office of the Public Administrator, where Manhattan Surrogate Court does not have any access to them. I am referring to certain critical files, such as:
a) The complete contract of sale for 558 Seventh Avenue, New York, NY, (dating back to April 3, 1996 including the rider).
b) The completed and finalized sale contract, (dating back to January 13, 1999, regarding transfer of title),
c) And the Title Insurance Company, that Insured Title, at the time of sale.

These are just a few examples amongst a plethora of other files which should have been accessible in the Record Room at Manhattan Surrogate Court at all times and for all interested parties.

It has been eighteen years that my rights as beneficiary in regards to case # 1737/1992 have been compromised. Thus leading to years of not being able to effectively object to, or legally appeal all the pertinent decisions throughout these years, which culminated into my recent failed Appeal. As a result, all my fundamental, legal and factual arguments encompassing “The Final Decision on the Accounting of the Public Administrator” were dismissed by the Appellate Court. (Enclosed, please find a copy of the decision rendered by the Appellate Court, dated May 20th 2010). Exhibit E

Consequently, not only I have been strongly prejudiced through out the years in Manhattan Surrogate Court, but I have been even more prejudiced, in my recent Appeal, as the result of this situation, by not having access to these crucial files. Therefore, my whole Appeal regarding the above mentioned subject matter has been tainted.

This secrecy regarding the sale of my commercial leasehold Property located in New York Cities’ Times Square, has been extremely disturbing throughout these years. But until May 14, 2010, no one would ever admit to me as to the whereabouts of these documents. Due to this fact, I have never been able to locate these files. Therefore, I could not comprehensively object to, or appeal any of the previous decisions without the support of these unobtainable documents. This lack of transparency by the Public Administrator’s office, which dates back to 1994, has lead to the loss of my entire inheritance to the Public Administrator, and to her associates, who were appointed by her.

Strangely enough, recently it has occurred to me, that if the proper formal documents in support of the alleged sale of my Specific Bequest are not filed in the Record Room at Manhattan Surrogate Court, then we can presume that the sale has never been legally conducted. Moreover, since the appointment of the Public Administrator, none of the income has ever been distributed to the legatee.

The above mentioned documents are especially important, because the law clearly defines that: “Title to specifically bequeathed property vests in the legatee upon the death of the testator.” Matter of Columbia Trust Co., 186 App.Div. 377, 174 N.Y.S. 576: Matter of Delaney’s Will, 133 App.Div. 409, 117 N.Y.S. 838, affirmed 196 *544 N.Y. 530, 89 N.E. 1098.

“Real property was never an asset in the hands of the executor when title passed to the specific devisee pursuant to the terms of the will”. Surrogate’s Court 14 Act s. 202. Waxson Realty Corp. v. Rothschild, 255 N.Y. 332, 336, 174 N.E. 700; Corley v. McElmeel, 149 N.Y. 228, 235, 43 N.E. 628; Alfred University v. Frace, 193 App.Div. 279, 284, 184 N.Y.S. 216; Milliner v. Morris, 219 App.Div. 425, 427, 219 N.Y.S. 166; Matter of Hackert’s Will, 171 Misc. 139, 11 N.Y.S.2d 987. In re Reilly’s Will, (Surrogate’s Court, Kings County, New York. 175 Misc. 597, 605 24 N.Y.S. 2d 213. December 23, 1940).

All attorneys and Judges who work with estate matters know or should have known that when a property is specifically bequeathed, title vests with the legatee upon the death of the testator. In this case, my father had created an inter vivos Trust, known as Trust A, which is legatee to the Leasehold property that I am beneficiary to.

He had also left behind an International Will which was simultaneously probated in Manhattan Surrogate Court by Judge Roth, in conjunction with probating his United State’s will. The International Will, consisted of my late father’s liquid assets. This was created in order to provide for all the estate taxes, funeral costs, death taxes, all administration costs, legal fees, and the repayment of the mortgages on the commercial leasehold property bequeathed to Trust A.

They were tremendous legal steps taken and precautions made by my late father in order to avoid this specific bequest from becoming a part of the Estate, or from it ever being administered or managed by the Public Administrator. He did that by creating the Inter vivos Trust and by providing for all the expenses, through the International Will. These instruments were all drawn on June 1, 1989, by Bruce Wexler, a renowned estate attorney, who was with the firm of Moses & Singer at time, who is now the head of the Estate Department at Loeb & Loeb, in Manhattan.
(Enclosed, please find a copy of The United Estate Will, The International Will, Trust A, and Trust B). Exhibit F

Therefore, it has always been a great enigma as to how could it legally be possible for my Specific Bequest to be considered as part of the Estate at the first place, when all expenses were provided for by the International Will? And on what legal basis was my Times Square leasehold property assigned to the Public Administrator, when all expenses were provided for through my late father’s liquid assets?

How does the Public Administrator, being yourself, who has never had title to my Commercial leasehold property, legally been able to transact the alleged sale and the transfer of Title to my Specific Bequest, to your own Real Estate Management Company that you had appointed to manage my Times Square Property?

How could this have been a legal transaction? Especially since Leo Schenker, the original Executor and Trustee appointed by my late father had officially resigned his position as Executor and Trustee for Trust A, in 1992, and formally reconfirmed his resignation as Trustee for Trust A, on February 9th 1994. His resignation reconfirmation as Trustee, officially took place in writing, on February 9th 1994, and the resignation was further confirmed during an evidentiary hearing held at Manhattan Surrogate Court, on the same day.

Consequently, his position as Trustee became null and void as of that date.
Furthermore, Leo schenker never appointed another successor Trustee as his replacement, and according to the Instrument of the Trust, only he, as Trustee, was empowered to announce a successor Trustee, which he did not. As a result, Trust A, never had another Trustee as of that date onwards.
Therefore, I ask you once again, how did you allegedly sell my Specific Bequest, without having the participation of a Trustee, or me as beneficiary?
(Enclosed, Please find a copy of the formal resignation letter regarding Leo Schenker’s resignation, executed on February 9th 1994, addressing this issue.) Exhibit G

Leo Schenkers’ resignation is also well documented in New York Law Journal.
(Enclosed, please refer to Matter of Rad, “162 Misc. 2d 229-NY: Surrogate’s Court, formal Resignation New York 1994”. Judge Roth’s acknowledgement to his resignation is clearly demonstrated on page 1, second paragraph). Exhibit H

On June 22, 1993, I was appointed Temporary Limited Executrix by Judge Roth, in order to administer and manage my own inheritance, as replacement to Leo Schenker. But after a year and a half, in December 1994, I was removed from that position and was replaced by the Public Administrator. This was primarily due to some false accusation alleging that I threatened Leo Schenkers’ wife if he did not resign. The Court, the Public Administrator and her counsel accused me of that allegation even though they were fully aware that this was not the truth, especially since the very same Court had appointed me Temporary Executrix, after Leo Schenker’s resignation. Furthermore, during the evidentiary hearing, there was an interrogation that took place with Leo Schenker in regard to this accusation, and the answers to that allegation are well documented in the recorded minutes of the evidentiary hearing, held on February 9, 1994, which speaks volumes.
(Enclosed, please find the recorded minutes from the evidentiary hearing in regard to this matter. The truth and the facts are clearly proven in this evidence). Exhibit I

But until now, I had no access to that information. I was only successful in finding this information, after I wrote the letter to Judge Webber, who must have looked into the question of the missing files. Also, at time I had an attorney, Edward Safran, whom I trusted and relied on to protect me; but upon my removal as Temporary Executrix, he resigned, as I could not pay him any more. Unfortunately at that point in my life, I had absolutely no knowledge of the law. Moreover, I was totally devastated in realizing that I was loosing my commercial leasehold property to complete strangers. Needless to say that I could not understand what was really going on, not withstanding the fact that I no longer had an attorney to lean on, while strangers were just taking over my inheritance in cold blood. To say the least, I was heart broken and totally lost: I truly did not know who to turn to or where to start, since I lost everything overnight. But all I know is that throughout all those years, I denied that unsubstantiated allegation, but I could not find any solid documentation to prove that fact, no matter how hard I tried, as it had always been missing from the Surrogate Courts’ Record Room files. Yet, based on this accusation, I was unjustly removed and the Public administrator was appointed to administer my late father’s Estate and to manage my inheritance.
(Please refer to The Law Journal Publication, page 3, second paragraph). Exhibit H

My removal, which was primarily based on this false allegation, not only did it get published in the New York Law Journal, but it set precedence, and has been used and quoted as case law in other cases, despite its’ inaccuracy. (Enclosed, please find the publication of the entire decision in the New York Law Journal.) Exhibit H

For years I was attempting to find the missing documents during the period that Renee Roth was the presiding Judge in Manhattan Surrogate Court, but my efforts were futile. It was only after I wrote the letter to Judge Webber, on January 25 2010, that I found access to the recorded minutes of the evidentiary hearing. Therefore, for the first time after sixteen years, I can finally prove my innocence and prove that my removal was orchestrated based on pure lies. But this did not take place until my late father’s Estate was closed by Judge Roth, and not until she had retired. This was clearly the missing document which I was looking for, in order to have been able to defend myself against this accusation and protect my inheritance from falling in the hands of the public Administrator. It appears to me that there was a conspiracy to remove me at all costs and replace me with the Public Administrator, with intent to defraud and embezzle what was rightfully mine, which indeed happened.

It also brings up the question that how could the Doctrine of Res Judicata be applied as a defense in my Appeal, when there was new evidence that came to light? Especially, when the evidence is in complete support of fraudulent accusations and decisions by the Court, the Public Administrator, and her counsel?
As a Matter of fact and as a matter of record, it was this out right lie, which was fraudulently and deliberately used as the excuse by the Court in order to replace me with the Public Administrator. Furthermore, it was this very decision, that ultimately paved the way for the Public Administrator to consume a multi million dollar Estate in its’ entirety.

There was another unjust accusation that was brought against me regarding the ($167,000) Mortgage, which was also published in the same Law Journal Decision. (Please refer to Page 2, paragraph 4) Exhibit H

I was appointed Temporary Limited Executrix by Judge Roth as of June 22, 1993, for the purpose of managing my own Specific bequest.
My attorney of record, Edward Safran made arrangements with the attorneys in Europe, regarding the International Will, to have funds transferred to his escrow account in order to repay the existing mortgage on 558 Seventh Avenue New York, NY, from the funds provided for in the International Will. This transaction was implemented between attorneys and was transacted through their escrow accounts.
(Enclosed, please find:
a) Copy of Order Granting me, Letters of Temporary Administration.
b) The mortgage documents in support of this transaction.) Exhibit J

The mortgage referred to by Judge Roth in the amount of ($167,000), was an investment made by my late father’s brother- in- law and his handy capped sister. This was an investment made with their retirement funds. Therefore, it was vital to my late father to protect their investment. Consequently, he left explicit instructions in his Will, and specifically provided the funds, through his international assets to make sure this mortgage would be satisfied upon his death. After my appointment, I acted upon my late father’s wish as documented in his International Will, and under the advice and guidance of my attorneys, Edward Safran and Seymour Hurwitz.

My attorney, Edward Safran made arrangements with the English lawyers and received one hundred and sixty thousand dollars ($160,000) in his escrow account from my late father’s liquid assets. Mr. Safran in turn paid one hundred and fifty thousand dollars ($150,000) dollars to Nouredin Bakhshi, (my late father’s brother-in-law) via certified check from his Chase escrow account. After that, Edward Safran worked with Seymour Hurwitz, my Real Estate attorney, to get the satisfaction on this mortgage.
(Please refer to the mortgage letters and mortgage documents). Exhibit J

At that point, arrangements were made by both my attorneys to replace the original mortgage with a substitute Mortgage through one of my tenants, Kent Villipique, who requested to expand his Times Square signage on the roof top. However, this required structural re-enforcement to the building. Mr. villipique offered to place a mortgage on the leasehold property in the same amount as the previous mortgage, so that I could re-enforce the building, and he can increase the size of his signage. This mortgage was primarily used for that very purpose and for building improvements; also for tax payments and payments for ground lease.
a) (Please refer to the mortgage documents and the letters regarding this mortgage, as evidence). Exhibit J
b) (Please refer to the International Will, Page 3, first paragraph, number 3.) Exhibit F.
The International Will clearly states: “My Executor shall then pay in full any and all mortgages which may exist at my death on the leasehold in the property known as 558 Seventh Avenue, New York, New York.”
c) (Refer to Trust A, page 12, paragraph (h) Exhibit F
d) (Enclosed, please refer to The United States Will, page 9, paragraph (i) Exhibit F

At that point I felt that I had fulfilled my late father’s wish as expressed in his Will.
But even this, was used against me in order to remove me and have you replace me as the Public Administrator, to administer my Specific Bequest, despite the fact that your appointment to administer a Specific Bequest did not make any legal sense.
(Please refer to the Law Journal Publication, Page 2, paragraph 4&5) Exhibit H

This leasehold property was clearly the only collateral securing this mortgage, as I had no assets to my name, but the mortgage monthly payments were being made on a timely schedule by me, through the rental income.
However, upon your appointment as the Public Administrator to the Estate of Abraham Rad, the monthly payments towards this mortgage were immediately discontinued, since you claimed that this was a personal note made to me; and not the responsibility of the Estate, to service this debt. As a result, on March 16, 1995, the mortgagor procured a personal Judgment against me in the amount of ($173,807.17) dollars which completely destroyed my credit. Wherefore, not only you took my property and my inheritance away from me, but you also ruined my credit. This combination not only shattered my life, but it also ensured that I would not have any financial means to be able to retain counsel.

Nevertheless, after the alleged sale of my leasehold located on 558 Seventh Avenue to your management team, this outstanding note was satisfied, the mortgage was paid in full and a release from the mortgagor was received on June 11, 1999, which was recorded on November 10, 1999. The mere repayment of this loan, and the satisfaction of this mortgage, demonstrates that this was a mortgage made to the Estate of Abraham Rad, and secured by the property and not a personal loan to me. Nonetheless, I had to suffer a judgment on my credit for ten years, because you claimed that this was a personal debt, when you knew better.

In fact, by not making the eleven hundred dollar ($1,100) dollar a month, monthly mortgage payments, you set an environment that the mortgagor accelerated the mortgage and demanded the full payment amount. Then, you presented the accelerated and full amount of the mortgage to the Surrogate Court as a debt that I had ran up for the Estate, in my capacity as Temporary Limited Executrix for the Estate of Abraham Rad. You misrepresented this fact and the amount of the debt on my leasehold to the Court, because you had something more sinister planned.

Within weeks from the time of your appointment, you used this situation that you had created, and declared to the Court that there are not enough funds in my late father’s Estate to cover the debts of the Estate, along with the administration costs. Therefore, you need to immediately auction my Specific Bequest, located in Times Square, in order to cover your administration costs.

As Public Administrator, along with the help of your counsels, John Reddy and Jay Ziffer, you set up a staged auction and after deterring everyone else, from being able to receive the necessary information in order to purchase this leasehold property, you then entered in to a contract of sale with your own management team as an insider, after a failed, staged auction, while you had no Title.
A CLASSIC ACT OF CONSPIRACY AND FRAUD, WELL DEMONSTRATED

I bring up these facts in order to show the extent of lies and deceit involved in order to remove me from simply administering my own inheritance. I would like to show to what lengths the Surrogate, the Public Administrator and her counsel would go in order to replace me and find the opportunity to administer my Specific Bequest, since it seemed that I appeared as being orphaned and an easy prey for them. I would like to bring attention to the fact that there was a lack of credibility from the start and I was set up to have no chance at Justice, right from the beginning.

My Notice of Appeal was filed in the Appellate Court on November 14, 2008, appealing Judge Roth’s “Last Decision on the Final Accounting of the Public Administrator.” However, on January 12, 2009, you and your counsel sent a threatening letter to my attorney of record, threatening me that if I was to proceed with this Appeal, you intend to sanction me. You also made another futile attempt at assassinating my character once more with your lies, regarding the non- existent threat that you had made up in order to destroy my character. Thus, finally your true colors showing and documented. In fact it has always been you, who threatened me throughout these years, and it has always been your office that has always had something to hide. (Enclosed, please refer to your threatening letter of January 12, 2009, sent via your counsel, Jay Ziffer, and the response by my attorney to your distinct threat.) Exhibit K

The cover up of the truth, along with hiding of the critical documents, is what hindered my defense which lead to my removal as Temporary Limited Executrix, and ultimately lead to your appointment as Public Administrator to my late father’s Estate by Judge Roth in 1994. Since then, there has been no Trustee appointed to defend or protect my rights as beneficiary to the inter vivos Trust, which is Legatee to the Specific bequest of this Commercial leasehold property in Times Square, which was bequeathed for my benefit. I was also wrongfully categorized and labeled as a residuary beneficiary with no standing, as opposed to a beneficiary to an inter vivos Trust. This was a recipe for disaster for the beneficiary, as there existed nothing and no one who could get in the way of the Public Administrator or any of her decisions. In reality, the result was nothing but disaster. However the disaster was only for the beneficiary, as it was intended, while The Public Administrator, her counsel and her management team profited and consumed the entire Estate in its’ totality.

As Public Administrator, you ran my late father’s Estate into the ground, when legally you were never to be appointed at the first place. In fact, Schedule J, in your own Final Accounting represents Judge Roth’s Ruling on Trust B, an identical inter vivos Trust to Trust A, which was created for the benefit of my brother, clearly states: “Property subject to a specific bequest passed to the specific legatee, the Abraham Rad 1989 Trust B, upon the decedent’s death by operation of law”. Why this Ruling which was made in 2002 by Judge Roth, not get filed until December of 2008, which was after the date of the Final Decision on the Final Accounting of the Public Administrator? More importantly, why was it not applied to Trust A, in lieu of the fact that Trust A and Trust B were Identical in their Granting?
(Enclosed, please find Schedule J, part of your own accounting, which was not filed until after the Final Accounting of the Public Administrator, on the Estate of Abraham Rad). Exhibit L

Therefore I ask, how could you have been legally appointed, given the circumstances mentioned above? First and foremost, how could this transaction have taken place despite the direct instructions of the deceased as documented in the Wills and the Trusts? How was it possible for this alleged sale to have been legally transacted while being void of a Trustee and despite all my objections as the beneficiary to Trust A. Without the existence of an actual seller, a Trustee and/or without my approval, as Beneficiary to the Trust; how could that be? Even more astonishing is the question of how were you able to legally transfer Title to this specific bequest, when legally, only the Trustee or I have the right to transfer Title to this Specific Bequest, as Title passed or should have passed, by operation of law to Trust A?

Why were the Instruments written in the Trust document not implemented or honored by you, in your capacity, as administrator c.t.a. for the Estate of Abraham Rad? why this Ruling (Schedule J) which was made in 2002, not get filed until 2008, which was after the date of the Final Decision on the Final Accounting of the Public Administrator, which deliberately robbed me of the opportunity to be able to apply this critical decision in 2002 and legally fight, defend and protect my inheritance from those who had committed certain fraudulent acts?

Since the appointment of the Public Administrator, Judge Roth had denied me having any standing, in all her previous decisions, up until her recent and last ruling on October 30th 2008. However, she reversed that fact in her Final Decision, on the Final Accounting of the Public Administrator. After eighteen years, she acknowledged and stated that I did and do have standing, while simultaneously closing the Estate of my late father, just prior to her retirement! (How very convenient)

What legal method was used in order to transact this sale to an insider, being your own management Company that you appointed to manage my property? How was the Title Insurance Company able to insure the Title, without the participation of a seller, a Trustee or me or anyone holding Title to the leasehold property in question, as a participant in the Transfer of Title?

Since Title passes by operation of Law to the Legatee and considering that I am beneficiary to the above mentioned inter vivos Trust, I have the right to have access to ALL the files pertaining to the Estate of my late father, Abraham Rad, in order to visit and review the questionable and alleged sale of my Specific Bequest and any other matter relating to this Estate. I have the right to find the answers to all these questions and more, in order to be able to legally fight for Justice, and prove the Doctrine of Res Judicata as moot. I need access to the files in its entirety, in order to reargue the ruling made by the Appellate Court, which is primarily based on the inaccuracy of the decision by the lower Court and the ruling Judge.

The fact remains that the very same Judge admitted to her own mistake and wrong ruling in her last Decision, when ruling on the Final Accounting of the Public Administrator. Therefore, Judge Roth’s own admittance to that fact, barred the Doctrine of Res Judicata, from being used as a defense, as she opened the door to new evidence. In fact I believe that there was intent to defraud me as beneficiary, when she ruled me as a “residuary beneficiary, with no standing” throughout all these years, prior to changing her mind, and admitting to that fact in her last decision.

If for no other reason, at least for the reason that Judge Roth, with 28 years on the bench, surely knew the meaning and definition of real property being bequeathed as a Specific Bequest, to an inter vivos Trust, and as a Judge, she should have ruled correctly and with honesty regarding this Estate, if fraud was not intended; Especially, since Bruce Wexler, the head of the Estate Department from Loeb & Loeb, certainly spoon fed any Judge, when drawing up the two Wills and the two Trusts, while explicitly, expressing my late father’s Will and true intent.
a)(Enclosed, please find Judge Roth’s Last Decision on the Final Accounting of the Public Administrator, and refer to page 4, second paragraph, and continue to page 5, first paragraph.) Exhibit M
b) (Please refer to the two Wills and the two Trusts.) Exhibit F

Please note that Leo Schenker, ceased all activities and responsibilities, visa-vie Trust A, ever since he resigned his position in 1992. The Court and the Public Administrator were aware of that fact. However, after the appointment of the Public Administrator in December 1994, there was an Evidentiary Hearing held on February 9, 1994, which reconfirmed that fact. The Judge, the Public Administrator and her counsel, were aware or should have been aware of these facts all along, as demonstrated in the previous Exhibits mentioned above.

Furthermore, it is imperative to have transparency in the office of the Public Administrator, and her counsel, as the decisions made regarding the alleged sale of this property has not only cheated the beneficiary, but also the Federal Government and the United States Treasury, by making a sale to an insider, at a fraction of the real price. Basically, you have also cheated the United States Treasury by allegedly purchasing a property that is producing an annual income of approximately ($1,500,000.00) one and a half million dollars, for a mere ($900,000.00) nine hundred thousand dollars, by lowering the annual income for the purpose of purchasing the leasehold property located 0n 558 Seventh Avenue, New York NY, at a nominal price. Therefore, through this act, lack of transparency and insider trading, you have also cheated the City and the State of New York, not to mention the United States’ Treasury.

Consequently, I shall be contacting the Inspector General, The State Attorney General and the State Comptroller of New York, along with your supervisors, as I believe that they should be alerted to the facts, in order for them to investigate the accounting, the complete lack of transparency and the defrauding that may have very well taken place in the Estate of Abraham Rad, by you and your associates. In fact, time is of the essence, as this case is before the Appellate Court, and possibly going to the Court of Appeals. Therefore, it is imperative to have transparency by your office, in order to facilitate this investigation that needs to take place in the name of Justice;
Even though, it has been finally admitted to me, that regarding case #1737/1992, the missing files, are under lock and key in the Public Administrator’s office, where no one can have access to them, out side of the Public Administrator and her staff.

When I called the Public Administrator’s office, (your office) on May 14, 2010 and asked them about having access to the files that pertain to the Estate of Abraham Rad, the clerk confirmed to me that there are two boxes of files at the Public Administrator’s office. (Please note, this is material that I have never had access to.) She asked me to call back on Monday to speak to Paola, since she was more familiar with the Files.
She further advised me of my Father’s last address as being:
“The Greater Harlem Nursing Home” Located at 30 West 138th Street, New York, NY.
It was then, explained to me that this was a State Funded Nursing Home. Upon hearing all this, I was so shocked that I became completely speechless. My father was a wealthy man, who retired to London in 1984, and had resided in London until his passing in December 19 1991. At time of his death, he was surrounded by all his loved ones and his Family.
(Enclosed, please find a copy of the Death Certificate, documenting the date and the location of my late father’s passing. This Document establishes the facts, which by definition dismiss your claim stating his last address as being “The Greater Harlem Nursing Home” which has been falsely reported by you, in your capacity, as the Public Administrator of the State of New York, County of Manhattan). Exhibit N

What made it more interesting was the fact that both files had the correct name, and Date, but both were filed under the same Address, “The Greater Harlem Nursing Home.”

On Monday May 17, 2010, I called back and spoke with Paolo, and she confirmed the same information as above. She further advised me that I had to write you a letter and ask your permission in order to be able to have access to my late father’s Estate files. I was even more astonished, discovering the total lack of access to the files that by law should have been part of the record in my late father’s Estate. Paola also confirmed my late father’s final address, being recorded as: “The Greater Harlem Nursing Home”.

But after further investigation into this matter, all the shock and astonishment quickly subsided, when ironically, I discovered that Giscombe Henderson, the manager of my building, the very person who purchased my leasehold property from the Public Administrator, is one of the key persons on the Board of Directors of the “Greater Harlem Nursing Home” located on 30 West 138th Street. At that point, I saw the connection and it all came together.

But, then again, of course, you already know all that information, since my late father’s critical Estate files, are all housed in your office, and it is only with your discretion that any one might have access to these files.

It has been equally puzzling as to how you, as the Public Administrator for the Estate of Abraham Rad, have been able to enter into a contract of sale between yourself as Public Administrator of my late father’s Estate, with the President and director of your own management Company, Eugene Giscombe, of Giscombe Henderson Realty, whom you had put in charge of the management of my specific bequest, the Commercial leasehold property in Times Square, which he and his two partners allegedly purchased from you, while you did not have Title to that Property.

On April 3, 1996 you signed the contract of sale and received and accepted three separate personal checks, from Giscombe Henderson and his Partners, Louis Prezeau and Edward wright, who each gave a ($30,000) thirty thousand dollar personal check at the contract, for the purchase of my Times Square Leasehold Property. (Enclosed, please find the partial contract of sale, despite the missing pages of the contract and the missing rider. Also, please find copies of the individual personal checks, signed and given by the three partners mentioned above, for the purchase of 558 Seventh Avenue).
Exhibit O

However, I have never been privy to see the full contract of sale signed by the Public Administrator, including the rider, which I am entitled to have access to, as it pertains to the sale of my Specific Bequest. As for Tap Tap LLC, which is the entity that you and your counsel along with Giscombe Henderson and his partners claim as being the buyer, Tap Tap LLC, was not formed until February 26 1997, and Tap Tap Investments, with whom the alleged contract of sale was entered into was not formed until December 19 1997. The fact is that the contract of sale was transacted and signed, and payment was executed on April 3 1996. (Enclose, please find the two separate print outs from the NYS Department of State, Division of Corporation, indicating the facts and the dates, in regard to the date of the establishment of Tap Tap, INC, and Tap Tap LLC). Exhibit P

Consequently, it appears that you, as the Public Administrator, entered into a contract of sale with such individuals who were appointed by you and your office for the purpose of managing my leasehold property, at the address mentioned above, and while managing my leasehold on behalf of the Public Administrator, being yourself and while they were working for the Public Administrator, (yourself), you sold my leasehold property to your own management Realty Company, thus making this an insider sale, to your own Property management people, while having no Title.

Furthermore, the Signature representing the seller on the Contract of sale is clearly yours, as the Public Administrator for the Estate of Abraham Rad. However, the question remains, how did you get Title to my Commercial leasehold property? (Please refer to the signature at the end of the partial contract of sale, and the copies of the three checks signed by the Buyers, including a signed check, remitted by Eugene Giscombe.) Exhibit O

Also, how did you legally sell my commercial leasehold property to an inside, being Eugene Giscombe, who was the managing agent, appointed by yourself to manage my Specific Bequest, since Tap Tap Investments or Tap Tap LLC, were not formed until long after the contract of sale was signed and the checks had exchanged hands?
In fact, it appears that you entered into contract with a phantom company! (Please refer to the Documentation in) Exhibit O & P

After having written the letter to Judge Webber on January 25th 2010 regarding the missing files, I have come across new evidence. I have recently discovered this partial document regarding the alleged sale of my Specific Bequest. It is very disturbing that in this agreement, John J. Reddy, Jr., counsel to the Public Administrator, states that Leo Schenker, the previous Executor/Trustee for Trust A, who had officially resigned as Trustee for Trust A, on February 9th 1994, in a well documented procedure, has signed and filed a written consent to the sale of the decedent’s leasehold in 558 Seventh Avenue, etc., when he was void of such authority. Furthermore, I truly do not believe that Leo Schenker, a respected and honorable man, would risk a lifetime of spotless reputation and achievements, and make a decision to act in such manner that could lead to a felony charge for him, especially when he stands to gain nothing. (Enclosed, Please find this partial document relating to the sale of 558 Seventh Avenue, dated January 13th 1999, which has been referred to as the official date of the sale in your accounting, as the Public Administrator for the Estate of Abraham Rad.) Exhibit Q

Furthermore, through an investigator, I have just received a copy of the two page assignment agreement by and between “The Public Administrator of the County of New York as Administrator c.t.a. of the Estate of Abraham Rad, deceased, as (Assignor), and Tap Tap LLC, a New York Limited Liability Company as (Assignee), having an office care of Giscombe Henderson, Inc. 1825 Park Avenue, New York, NY 10035.”
Thus, clearly showing the Public Administrator, as the assignor or seller, and Giscombe Henderson or Tap Tap LLC., as Assignee, or buyer in this transaction which was conducted between the Public Administrator, Ethel Griffin, and the manager of her own management team, Giscombe Henderson of Giscombe Henderson Realty.
Moreover, this signed and executed document reflects the Assignment and Sale of this lease transacted “For ONE and 00/100 (1.00) Dollar”. Therefore, not only you as the Public Administrator did not have Title, or any right to Title to this Leasehold located on 558 Seventh Avenue, but you transferred the Title to my Specific Bequest the manager of your own management Company, Eugene Griscombe, for a symbolic Dollar!
You, as administrator, c.t.a. were bestowed with fiduciary responsibilities to protect the Estate and the beneficiaries of this Estate, and these were your actions taken with respect to your fiduciary responsibilities. (Enclosed, please find a copy of the signed assignment of Title, dated June 21st 1999, Re: the alleged Sale of my Specific Bequest, the leasehold property located in Times Square, which you executed without having Title). Exhibit R

I also bring your attention to the next four pages that follow, where Jay Ziffer, your own counsel representing you in the Estate of Abraham Rad, as being the only one, who has NOTORIZED all the four signatures involved in this transaction; Those signatures consisting of your own signature as Ethel Griffin, Eugene Giscombe’s signature, Edward Wright’s signature and Louis Prezeau, Sr.’s all being notarized by Jay Ziffer, your counsel, as the buyers of my leasehold. I understand your need to keep this transaction very intimate and incestuous, but these notarizations by Jay Ziffer, your own counsel, is against the law, as there is a distinct conflict of interest, for him to be notarizing the documents for both sides. Needless to say that this occurred while you and Jay Ziffer, were supposed to be protecting the interest of the Estate of Abraham Rad and its beneficiaries. (Enclosed, please find the four pages indicating the notarization of the four signatures mentioned above, by your counsel, Jay Ziffer). Exhibit S

I am asking to have access to ALL the files, pertaining to the Estate of Abraham Rad, in their entirety, so as to be able to legally demonstrate if there has been any foul play, or conspiracy to commit fraud, or if fraudulent acts had taken place, which could have lead to the embezzlement of my commercial leasehold property. Thus, defrauding the inert vivos Trust and its’ true beneficiary, as well as the Federal Tax Bureau, and all other tax agencies.

“The legatee and not the executor is vested with the ownership of the property. The legatee alone has title, the right to transfer ownership and to maintain or defend actions involving the specific legacy. The executor may only agree to other disposal with the consent and concurrence of the specific legatee, but the executor only acts as the representative of the legatee and any proceeds belong to the legatee. If the executor acts to recover the value of a missing property, in taking such steps the executor acts only in accordance with governing principles of law and the rights of the parties. Executors acting over a specific legacy collect the proceeds of a specific legacy as trustees for the benefit of the specific legatee, or they wrongfully dispose of the specific legatee’s property and are responsible to the specific legatee for its value. 35 A.L.R.2d 1056-1059. ’’

“A decision obtained by fraud on the Court is “not a decision at all” and
could therefore be set aside at any time. Toscano v. Commissioner, 441 F.2d 930, 933 (9th Cir.1971).”
Having been raised by very loving and affluent parents, I absolutely know that it was not my late father’s intent to leave his Commercial leasehold property, with an approximate annual income of ($1,500,000.00) one and a half Million Dollars, to utter strangers whom he had never meat and allow his own child, his family, his own flesh and blood to spend the past sixteen years, living in poverty, while you, as the Public Administrator to my late father’s Estate, your Counsel, and your Management Team squandered his entire Estate amongst yourselves and left his loved ones, to live in utter hardship during the past sixteen years.

Despite the tremendous rental income, which was derived from the annual rent role, from my commercial leasehold, and despite me, being the actual Beneficiary, yet, I have not received a penny, from the office of the Public Administrator. In other words, I have received nothing, from your office,
up to now!

Interestingly, after coming across these articles which were written by Ralph Blumenthal, a very respected investigative Journalist for The New York Times, and a famous writer in his own right, that were printed in the New York Times in 1992, which clearly casts some doubts onto your integrity and your honesty as to how you conduct your business, as The Public Administrator, I became more weary of the manner by which my late father’s Estate has been administered by your office since 1994, especially, regarding the alleged sale, and some of the questionable decisions, transactions and disbursements which took place, while you were administering my late father’s Estate. (Enclosed please find printed copies of these articles). Exhibit T

Furthermore, since your appointment as Public Administrator to Manhattan Surrogate Court, there have been numerous articles referencing the way you and your staff conduct your business and manage your fiduciary responsibilities. I thought it might be helpful for you to see how others perceive you and the way you administer the Estates entrusted to you.
(Enclosed, please find some articles regarding Surrogate Courts, Public Administrators, and their counsel; also regarding you and your counsel.) Exhibit U

Moreover, in order to determine the accuracy of the Accounting of the Public Administrator, as administrator c.t.a. for the Estate of Abraham Rad, it is imperative to have access to all the sub-leases in your possession, going back to December 1994, and up to the current time. In fact, I have never been privy to that information, despite asking for a proper accounting on numerous occasions. (My requests, motions and objections are documented in Manhattan Surrogate Court files. However, enclosed, please find some samples of my motions and objections.) Exhibit V

It is equally important to be able to access all the files, and all the information located in your office, in order to be able to discover which Title Company Insured the Title at time of sale, and how did the Title Insurance Company insure the Title, without a true Title holder? How did it allegedly become an authentic and legal Sale? How could this alleged sale have become a binding document?

In fact, how could I have legally and successfully been able to have Appealed Judge Roth’s Last Decision on the Final Accounting of the Public Administrator, without having had access to all the files pertaining to this very subject matter?

Given the fact that this was the sale of a Specific Bequest to an inter vivos Trust, which I am beneficiary to, how did this Sale become legal between yourself, as Public Administrator of my late father’s Estate and the President and director of your management Company, Eugene Giscombe, of Giscombe Henderson Realty, and his Partners, Luis Prezeau and Andrew White?

Please note: on the 2nd page of the very contract of sale which you executed on April 3 1996, in the 1st paragraph, you list all the names to all the previous Title holders to this Commercial leasehold property, going back to its’ origination date in August 2, 1979. You also list all the dates that Title to this Commercial Leasehold property has been assigned and changed hands. But at the end of that paragraph, in the very same contract of sale, you make an exception and you quote: “A copy of the lease and the aforesaid assignments (except the last) are attached hereto.” The declaration of this statement, is because there was no seller or Title holder as a participant in this transaction? (Please refer to the Contract of Sale, page 2, end of first paragraph) Exhibit O

This statement represented by you in this alleged contract of sale is exactly what I am referring to, in my questions. How did you legally Transfer the Title to my leasehold and consummate the alleged sale from yourself to your own property manager, Eugene Giscombe and his two partners, with out being privy to the Title of my Commercial leasehold property, for the purpose of assigning or Transferring its Title? (Please refer to the Contract of Sale Enclosed.) Exhibit O

“Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities; they are not voidable, but simply void, and this even prior to reversal.” Williamson v. Berry, 8 How. 945, 540
12 L. Ed. 1170, 1189 (1850 ).

In lieu of the fact that documents and information regarding my late father’s Estate has been deliberately hidden from me, my rights to freedom of information, has been violated, based on freedom of information Law. This has also been a violation of my Constitutional Rights; not to be able to review and challenge the information contained in those Records. Furthermore, based on the Freedom of Information Law, the denial of my access to those files has been a severe violation of my rights to Due Process, for the past sixteen years. Therefore, due to this violation, your defense in your Response in this ongoing Appeal, by applying the doctrine of Res Judicata has been rendered moot. Consequently, I request to have access to all the files and documents pertaining to the Estate of my late father Abraham Rad, immediately, since I need to have access to all those files located in your office, in order to properly re-argue the Appeal on your Final Accounting and/or take the next step and appeal this case at the Court of Appeals.

I was further advised that the Public Administrator’s office is a separate entity, separate to the Surrogate Court. More specifically, I have just discovered through a decision rendered by Judge Margarita Lopez Torres, who’s decision was printed in an article published in the in The New York Law Journal, on May 4th 2010, (Enclosed please find the printed article pertaining to this Decision.) Exhibit W
that the appointment of the Public Administrator for office, lies entirely and solely on the Decision made by the Surrogate Court Judge, (as you know, since you were appointed in 1988, by Judge Roth), and that the replacement or removal of the Public Administrator is also entirely at the discretion of the Surrogate Court Judge. Nevertheless, the Public Administrators are city employees, and are simply another branch of a government agency, which was created to protect the interest of the beneficiaries who have been referred to your office. Therefore, in that capacity, I fail to see how and why “Transparency” has always been such an issue with your office throughout all these years? And why have you always been such an adversary to me as beneficiary? Was this Decision Condoned by your supervisors in the City of New York, or was it a decision made by you and your counsel, and those who stood to Directly Gain from the lack of Transparency and the alleged fraud in this case?

In fact, I have come to realize that from the time you were appointed until now, I have been blindly litigating All Matters, relating to this Estate with you as the Public Administrator of my late father’s Estate, while the very same Judge who appointed you, Ruled on all the Decisions, pertaining to my late father’s Estate, through out all these years and until she made her Final Ruling on the Final Accounting of the Public Administrator, two and a half months prior to her retirement, on October 30th 2009. Sometimes I wonder, surely some of those obvious questions must have crossed the Judge’s mind, when Ruling on some of the fundamental issues? How could she have made such fundamental mistakes for eighteen years if fraud was not intended; Especially, since she personally ruled on Trust B, an identical Trust to mine in it’s Granting, that: “Property subject to a specific bequest passed to the specific legatee, the Abraham Rad 1989 Trust B, upon the decedent’s death by operation of law”?
(Please refer to Schedule J, in your own accounting.) Exhibit L

As you were aware or should have been aware, legally it is required that the Public Administrator provides copies of All Relevant Documents to the persons with Standing. But in my case, I was denied that right, since the Judge Ruled that I had no standing throughout the life of this Estate until the very end. However, when she changed her ruling and finally acknowledged that I did have standing, I have still been denied that right, by not having access to the pertinent documents. Therefore, I have been prejudiced throughout the years; especially, in my appeal process. Consequently, I request access to all the files that pertain to the Estate of Abraham Rad immediately, in order to have the opportunity to right the wrong done over the years. Furthermore, all pertinent Estate documents must be filed at the Surrogates Court, and be available in the Record Room, at all times and for the benefit of all interested parties.

After deliberately hiding information and prejudicing my case, the Doctrine of Res Judicata has been used as the main argument by the Public Administrator and her counsel, claiming that I should have objected, argued and appealed Judge Roth’s rulings within the legal time frame allowed for those decisions.

However, I did object to the previous decisions, but my objections were dismissed because it was claimed that I had no standing, when in fact in Judge Roth’s final ruling, she acknowledges that I have always had standing in this case. This point negates the application of the Doctrine of Res Judicata because my original motions, objections and interrogatories should not have been dismissed. But as always, my requests to have access to information regarding the Trust and the Estate were denied. (Enclosed, please find a copy of the list of the interrogatories which I sent and filed in November 2006, and the response letter by the Public Administrator’s counsel. This is a sample and a good indication of some of my requests and indicative of their typical response.) Exhibit X

You, as The Public Administrator made it impossible to be able to legally argue the previous decisions, a) by not providing a proper accounting and b) by not providing the pertinent documents to the interested parties. Thus, hiding the information and denying access to the complete files, as they were held strictly in your office. The missing information was absolutely necessary in order to be able to argue and appeal each decision in a timely manner. Therefore, your actions circumvented the appeal process through out the life of this case which conveniently allowed you to try and use the Doctrine of Res Judicata in an attempt to defraud the court and the beneficiaries once again, as you and your counsel are fully aware of how you made it impossible for me to appeal these decisions. I truly believe that it is only now, since Judge Roth has retired, that I have a chance at Justice, and a chance to properly appeal the matters concerning this Estate. Judge Roth has brought up new evidence and opened up the door to argue all the rulings in her Final decision on your final accounting, and based on all other new evidence discovered, and due to all the reasons mentioned above, the Doctrine of Res Judicata, can not be applied, especially since access to information in this Estate has been so acutely compromised.

However, when I appealed Judge Roth’s Final Decision on the Final Accounting of the Public Administrator, The Appellate Court unanimously ruled in favor of the lower Court and wrongfully based their decision on the Doctrine of Res Judicata. (Please refer to the Decision rendered by the Appellate court) Exhibit E

But I ask, how can that be possible when there was intent to defraud? In reality, deliberate steps were taken by the Public Administrator, her counsel and her management team to defraud the Court and the beneficiaries? Furthermore, it appears that they also defrauded the City, the State and the Federal Government, by allegedly purchasing my Times Square leasehold property for a nominal figure of nine hundred thousand dollars, ($900,000), when the annual rental income is approximately one and a half million dollars ($1,500,000). This is a direct tax fraud on New York City, New York State and the United States’ Treasury.

The court has the inherent power to modify, set aside, vacate or otherwise reverse a judgment, order or decree on review and can remand same for further proceedings as may be just and proper under the circumstances, and I pray that the Court does.

“The court has the power to set aside a judgment where the judgment was procured by fraud.” In re Long Island Lighting Co., 197 F.2d 709 (2d Cir. 1952).

“The law is well-settled that a void order or judgment is void even before reversal”. Valley v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S. Ct. 116 (1920 ).

“A decision obtained by fraud on the Court is “not a decision at all” and could therefore be set aside at any time.” Toscano v. Commissioner, 441 F.2d 930, 933 (9th Cir.1971).

Through your appointment as the Public Administrator for Manhattan Surrogate Court, you were entrusted with the power to protect the beneficiaries of the Estates that were placed under your administration and in your control. You were entrusted with fiduciary responsibilities to protect and determine the future of those Estates and beneficiaries with honesty and integrity. More specifically, you were appointed to administer those estates, according to the law and not make your own law.

In fact, it appears that John Reddy and Jay Ziffer, the very same attorneys who have represented you from the time of your appointment as Public Administrator dating back to 1994, are now suddenly trying to distance themselves from you, John Reddy and Jay Ziffer, have been representing you under the firm name of “Bekerman & Reddy” until very recently. But now, they are claiming that they have formed a new Company, known as “Reddy & Ziffer, Esqs.” In a letter sent on March 2nd 2010, to the clerk of the Appellate Division, Supreme Court of the State of New York, Appellate Division, First Department, and copied to me, they state: “Submitted herewith is the Petitioner-Respondent’s Brief in connection with the above-listed Appeal. Please note that the law firm of Bekerman & Reddy, P.C. represented the Petitioner-Respondent, the Public Administrator of the County of New York, before the Surrogate’s Court during the lower Court’s proceeding.”
He continues to state: “As the Petitioner’s Appellate Brief reflects, the Petitioner-Respondent is now represented by the firm of Reddy & Ziffer, Esqs. The law firm of Bekerman & Reddy, P.C. ceased representation of the Public Administrator on all former matters assigned to Bekerman & Reddy, P.C., but is not a successor-in-interest to that firm.”
Not that it will makes any difference in terms of them bearing the responsibility for their wrong doings and intentional wrong advice regarding the administration of my late father’s Estate, as it is still the very same people who have been representing you, as the Public Administrator for the Estate of Abraham Rad from the commencement of your appointment in 1994, to date, and the law does not stop being applied when it involves intent to defraud. The fact that they have taken a further step, by apparently refusing to represent you during the oral arguments, in this Appeal, and by hiring the law firm of Peter S. Schram, three weeks prior to the oral argument, which I found out about only moments before the oral arguments, appeared even more conspicuous, when the new firm is not in any way as familiar as your true attorneys, being John Reddy and Jay Ziffer, who have been so closely involved in more ways than one, throughout the life of this Estate.
(Enclosed, please find letter sent by John Reddy, on March 2nd 2010, to the Clerk of the Appellate Division, and copied to me, regarding their representation of the Public Administrator.) Exhibit Y

As for my late father’s Estate, it was wrongfully entrusted into your administration at the first place. Nevertheless, you along with your counsel, Reddy & Ziffer, and Eugene Giscombe from your management Company, known as Giscombe Henderson Realty, accompanied by the favorable rulings, and the extraordinary protection which you received from Judge Roth, unanimously abused that power which was entrusted to you, and heartlessly, destroyed the lives of three generations of women in my family, my mother, my daughter and I. You used the law as a sword instead of a shield, and your actions stole my mother’s golden years and her old age, right up to the time of her death; my daughter’s childhood, her teens and her young adulthood which is all gone, and the best years of my life.
Needless to say that sadly, none of it will ever be retrieved.

As my last exhibit, I am including a little section on one of my late father’s philanthropic endeavors, in order to share with you, his caring and giving nature, towards life and towards people in general; even though family always came first. a) (Enclosed, Please find a document, showing one of his philanthropic projects). Exhibit Z
b) (Enclosed, please find a photo of my late father together with me). Exhibit Z
I am also including a short synopsis on the back ground, and on the life of my late father, so that you might think of him as a person, as opposed to just a name on this “case; or just as file number, known as #1737/1992”.

My great grand parents were Russian Jews, who immigrated to Iran after the Russian revolution for safety. My father started his life in poor conditions and with great hardship. After the death of his father, he was left to take care of his mother and five sisters at the age of sixteen. From then on, he put himself through school, worked full time and supported the family. He had a simple philosophy, which was spend a third, save a third, and give a third. Based on that philosophy, he succeeded and by the age of forty three, his wealth was estimated at two hundred million American Dollars, ($200,000,000) dollars.
Fortunately, by then, he had diversified internationally; and Iran Carton, his corrugated box plant, was in the process of going Public at the New York Stock Exchange, through the auditing/accounting firm of Coopers & Lybrand, now known as PricewaterhouseCoopers LLP.
But unfortunately, right at the very start of the Iranian Revolution in 1979, they Nationalized and seized Iran Carton, along with all his real estate holdings, and more.
However, due to his foresight and his diversified investments in different Nations around the world, he was able to overcome the Iranian Revolution, and continued to succeed. As a result, he was able to continue to take care of his family and pursue his philanthropic activities.

Amongst his investments, he started a real estate company in 1983, in New York City, called Crown Properties, Inc.; A very successful Company to date.
In planning his retirement, my late father trained his younger son, Davar Rad, to manage this Company for him, so he can finally retire in England.
After a life time of productivity and achievements, when he actually did retire, his own son, Davar Rad, immediately executed a hostile take over on Crown Properties, Inc. It was his son’s betrayal that finally broke the spirit of this giant of a man.

Yet, my late father did not take his son to Court, nor did he drag the good name of the family through the Courts. Instead, he expressed his dissolution through his Wills, and Trusts.
In Trust A, my late father states: “Notwithstanding any other provision of this agreement, the Grantor’s issue shall not include the Grantor’s son, Davar, or any issue of the Grantor’s son, Davar, all of whom shall be deemed to have predeceased the Grantor for all purposes of this agreement (including article FOURTH).
(Please refer to Trust A, page 8, article FIFTH, and page 7, article FORTH). Exhibit F
And in the United State’s Will, he states: “For purposes of this article THIRD, my son Davar, and his issue shall be deemed to have predeceased me”.
(Please refer to the United States Will, page 3, article THIRD). Exhibit F

My late father explicitly wanted to keep his son, Davar, away from having any involvement with the Wills, the Trusts and matters of the Estate.
Nevertheless, the Court was considering Davar’s application for Executorship. Furthermore, Judge Roth gave credence to his objections to my appointment, as Temporary limited Executrix, and used his objections as if he was a party with standing, in order to remove me from my appointment and replace me with you, as the Public Administrator; when the Judge, given her knowledge and experience in Estate matters knows better or should have known better.

I am sharing this private information with you so that you know a little about my late father, whose Wills and Trusts you violated in every sense of the ward. I can also tell you that it was you, who broke me, when you took away my inheritance and my support after I had lost my father, who was my hero and my protector, while you betrayed him and denied his last wish, after his death.

You also put me in a position where I was unable to take care of my daughter, my mother, or myself, as I should have or as my father intended me to; Nor could I have retained counsel to protect our interest, as you took every thing away.

Our lives were of no value to you, or to you, as the Public Administrator, or to your counsels, Being John Reddy and Jay Ziffer, nor to your property manager, Gristcombe Henderson. In fact my late father’s Wills, Trusts and intentions were totally discarded by you, by your counsels and by Judge Roth, as if they were non-existent.

However, I do hope that there is some one or some agency out there that will look into this conspiracy to defraud, and the actual fraudulent acts that may have very well taken place, and find the answers to the long standing hidden facts and find the truth, regarding this case and take the initiative to investigate and expose this ongoing corruption, in the name of Justice.

How sad is it, that in a country like ours, where we preach human rights, democracy and transparency to other parts of the world, yet in our own country we have the ultimate abuse of power, lack of transparency and corruption, which is taking place right here, under our own noses, regarding estate matters, especially in Manhattan Surrogate Court, and more explicitly, in the offices of the Public Administrators and their counsels, which is directed towards the most vulnerable and at the most grieving moment in their lives. What is shocking is the fact that this corruption has been practiced for decades and decades, going back to the time of “Tammany Hall” and yet no one has been able to shed some light onto this shame that New York carries. The shame of the matter is that it is such a small circle of people that run this avalanche of corruption which effects and destroys millions of lives, all in the interest of a few, and under the umbrella of, “The Law.” But, no one says anything nor fights back, because all the clients are dead. I remember in 1996, I asked Jay Ziffer, your counsel a question regarding the alleged sale of my leasehold. This was a question that required an immediate answer. But his reply was “Nothing is urgent in our office, since our clients are all dead!” That one sentence spoke volumes and I shall never forget that, as it was well demonstrated in their practice.

Meanwhile, every day lives are destroyed. There are millions of victims out there; all, victims of the Surrogate Court. I am only one of them. But I don’t want to be silent any more. I want to fight for my right, and also for the rights of all those who could become the future victims, if we can not change the current system, at least I hope that we can control this blatant corruption that dominates the Public administrator’s office and the Surrogate courts. The word “Public Administrator” has become synonym with “misuse of power.” We live in a world of Internet, Websites, Blogs, Face book, Twitter, and a zillion other ways of communication. I truly believe that this is the time to put an end to this ugly Beast, called “abuse of power,” which eats through people’s lives like Cancer. In short, I intend to stand up and fight for my right, and hope that more people will do the same, until unanimously we can change this corruption and bring about transparency and Justice.

Nahid Rad