A recent development in a high-profile inheritance dispute has sparked controversy and raised questions about potential conflicts of interest. The story involves a law clerk, Zachary Zayas, who has now left his position at the Queens Surrogate's Court to join a prominent Nassau law firm.
Zayas, who is the son of a state court system's chief administrative judge, found himself at the center of a conflict of interest storm. While working as a law clerk for Judge Peter Kelly, Zayas was living with attorney Cheryl Katz, who was simultaneously arguing cases in Kelly's courtroom. This included an inheritance dispute between siblings, Shannon and Sean Hynes.
Newsday's investigation revealed that Judge Kelly failed to disclose this relationship for several months. The revelation prompted Zayas to leave his post, and he has since joined the trusts and estates department of Ruskin Moscou Faltischek P.C.
But here's where it gets controversial: In early 2023, Judge Kelly ruled in favor of Sean Hynes, making him the sole executor of his father's $2.1 million estate. Court records show Sean Hynes paid nearly $423,000 to law firms where Katz worked. The timing of Zayas' departure and his new role at a law firm raises eyebrows, especially considering the potential for conflict of interest.
Adam Silvers, the firm's managing partner, praised Zayas' experience and background, stating that he would be a tremendous asset. However, neither Zayas nor Katz has responded to requests for comment.
The case has taken an interesting turn, with Shannon Hynes describing Zayas' exit as a step towards restoring confidence in the justice system. She suspects that her case may have played a role in Zayas' departure. The inheritance dispute centered on the estate of Richard Hynes, Shannon and Sean's father, who passed away in 2019.
In May 2024, Shannon Hynes hired a private investigator, who discovered the romantic relationship between Zayas and Katz. This led to Judge Kelly's recusal from the case, claiming it was a discretionary decision and that Zayas had no influence over the outcome. The case was then moved to Staten Island, where Shannon Hynes is seeking to remove her brother as executor and have the attorney fees paid to Katz's firm scrutinized.
So far, Shannon Hynes has been unsuccessful, with all her motions rejected by Judge Matthew Titone. The case is now in the discovery phase, with a trial date set for June 16.
This story raises important questions about judicial ethics and the potential for conflicts of interest. What do you think? Should there be stricter guidelines in place to prevent such situations? Share your thoughts in the comments below!
