In this contested probate proceeding, objectant pro se, moves for an order granting her a trial by jury. The proceeding was commenced by petitioner on December 15, 2005. The objectant filed objections to probate on August 3, 2006.The decedent died testate on October 24, 2005. Petitioner is decedent’s sister; she is a distributee, as well as the nominated executor and residuary beneficiary under the propounded instrument dated May 11, 1974. The objectant is a distributee; she is a daughter of one of the decedent’s pre-deceased brothers. She does not receive anything under the propounded instrument.
The objectant asserts that she verbally requested a jury trial at conferences before two different court attorney-referees and was “told that the conference would be first.” She contends that she was not informed that a jury demand had to be in writing, although she also states her belief that she “signed for this.” Had Katherine advised the court that she wanted a jury trial, she would have been advised to file a jury demand.
In her moving papers, the objectant again asserts that one of the court attorney-referees is “in harmony” with petitioner’s attorney. This assertion was the subject of a prior decision (dec no. 666, October 30, 2007) of the court, which denied the objectant’s motion for disqualification of the court attorney-referee because the objectant did not assert any of the statutory disqualifications set forth in section 14 of the Judiciary Law to support her motion (see Schreiber-Cross v. State of New York, 31 AD3d 425 [2nd Dept 2006] and Moers v. Gilbert, 175 Misc 733 [Sup Ct, New York County 1941][court referee is held to the same standards as a Judge] and because the record did not reveal any other basis on which the court might be inclined to assign a different court attorney to the case.