Bobbi Kristina Brown, the only daughter of singers Whitney Houston and Bobby Brown, died on July 26, 2015. We dismiss Marianne's appeal from the order dated December 21, 2017, inter alia, directing that a warrant of arrest and commitment issue, because no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]; LaSalle Bank N.A. Marianne served as executor of the decedent's estate for several years (see id. Where the attorney of record has died, been disbarred, or has been suspended from practice, the fact of the attorney's inability to proceed further is readily established by a documentary record, such as a death certificate or court order. Skelos, J.P., Dickerson, Austin and Duffy, JJ., concur. Cassini wed a cough-syrup-fortune heiress. woman's body, do not camouflage it," he was fond of saying, Marijuana, alprazolam (Xanax), cyclobenzaprine (Flexeril) and diphenhydramine (Benadryl) were identified but did not contribute to the death.. Gene Tierney, her husband Oleg Cassini, costar Henry Fonda and the rest of the film's cast and crew piled into a boat and sailed hurriedly for the mainland. However, the parties here do not argue that Kelly's unhampered ability to continue to represent Marianne precludes the application of CPLR 321 (c) as the result of Reppert's personal circumstances. Kelly noted that the unopposed motions by RK and Sills Cummis for leave to withdraw were returnable on January 13, 2016. The objectants neither demanded such proof nor opposed the withdrawal motion. This Court granted summary judgment to Christina Cassini, which determined that Christina Cassini was entitled to twenty-five percent (25%) of the estate of Oleg Cassini. of London, including the one he designed for Kennedy at her However, since none of the parties have addressed, much less given any significance to, the duality of counsel, we note the circumstance but do not comment further on it. Industry Experts Weigh in on the Sheer Trend, 'Dune: Part Two' Debuts Breathtaking Trailer: Timothe Chalamet Rides Giant Sandworm, Assumes Rightful Role as Fremen Leader, Nate Silver Out at ABC News as Disney Layoffs Once Again Hit News Division, Donald Trump Is Reportedly Trying to Woo a Very Familiar Face Back to His 2024 Presidential Campaign Team, Quavo's Relationship Advice Leaves Chloe Bailey At A Loss For Words. Oleg Cassini (hereinafter the decedent) died on March 17, 2006, and was survived by his wife, Marianne Nestor Cassini (hereinafter Marianne), and two daughters from his marriage to Gene Tierney, Daria Cassini (hereinafter Daria) and the objectant Christina Cassini (hereinafter Christina). According to Marianne, the stay continued until 30 days after the attorney for the adverse party sent the notice to appoint attorney required by CPLR 321 (c). It also stated she was missing teeth in her maxillary central and lateral areas, which are in the upper jaw area. In My Own Fashion There is no merit to the objectants' contention that because Marianne no longer had authority to administer OCI or CPL, she was not aggrieved by the appointment of a receiver for those entities. Why Safaree Doesnt Want More Kids With Erica Mena. There is a sharp dispute as to who was in attendance at the March 2nd conference. During her autopsy, Browns body was found to be full of scars and she also had missing teeth, the Atlanta Journal-Constitution reported. The first of the four appeals we determine is Marianne's appeal from the order dated March 6, 2017, which denied her motion to vacate the July 1, 2016 order, in effect, granting, upon Marianne's default, the objectants' cross motion to appoint a receiver, and appointing a receiver. Although the court retains "inherent discretionary power to relieve a party from a judgment or order for sufficient reason and in the interest of substantial justice" (Galasso, Langione & Botter, LLP v Liotti, 81 AD3d 884, 885 [2011]; see Ladd v Stevenson, 112 NY332 325, 332 [1889]; Katz v Marra, 74 AD3d 888, 890 [2010]), "[a] court's inherent power to exercise control over its judgments is not plenary, and should be resorted to only to relieve a party from{**182 AD3d at 56} judgments taken through [fraud,] mistake, inadvertence, surprise or excusable neglect" (Matter of McKenna v County of Nassau, Off. However, Kelly averred that he had not received an order or decision on RK's motion for leave to withdraw in the accounting proceeding. The March 14, 2016 order required the movant, RK, to serve the order upon Marianne and all interested parties within 10 days. While no medical testimony or documentation was provided, and the{**182 AD3d at 48} Surrogate's Court might well have denied the withdrawal motion for that reason (see Matter of Plaro Estates, Inc. v Assessor, 101 AD3d 886, 888 [2012]; Winney v County of Saratoga, 252 AD2d at 883), or requested the submission of supporting medical documentation, the court evidently was satisfied that Reppert's condition was serious and substantial, as evidenced by its unchallenged finding that Reppert was unable to continue with the representation. Privacy Policy |Terms of service |Subscription terms |Your ad choices |Cookie Settings |California Privacy Rights |About Us |Contact Newsday |Reprints & permissions |Advertise with Newsday |Help. The objectants also argue that neither the November 14, 2017 nor the December 21, 2017 orders are appealable and that, in any event, such orders are valid. judgment granting her objections regarding the claim of Marianne Nestor Cassini against Second, a person is aggrieved when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part" (Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010] [emphasis and footnotes omitted]). The judge said Nestor Cassini had plenty of time to comply with the court order before she went to jail, and would be freed as soon as she followed it. Kelly therefore asked the court to sever the cross motion from the motions for leave to withdraw, and to adjourn the cross motion to a date to be scheduled by the court upon or following the disposition of the withdrawal motions. Cassini set up his own dressmaking enterprise in Rome before he and his On these appeals, we consider the interplay between CPLR 321 (b) (2), which permits the attorney of record for a party to{**182 AD3d at 16} withdraw by order of the court, with the court having the ability to stay proceedings pending substitution of new counsel, and CPLR 321 (c), which automatically and effectively suspends all proceedings against a party whose attorney becomes incapacitated until 30 days after notice to appoint another attorney has been served upon that party. Christina Cassini, who was known as Tina, died in 2015. The widow of Oleg Cassini, the fashion designer behind Jacqueline Kennedys iconic wardrobe while she was first lady, has been behind bars in Nassaus jail for months because she defied a judges order in a battle involving her late husbands nearly $60 million estate. Harper averred that Marianne was evasive with her answers and Marianne had stated that she was aware that her attorneys had moved for leave to withdraw and that she would be seeking to replace them. His mother's Italian family, the Cassinis, had ties to imperial Russia, and Cassini's maternal grandfather had been the Russian ambassador to the United States . Of moment, while Marianne's affidavit suggests that she did not learn that RK's motion for leave to withdraw in the accounting proceeding had been granted until May 23, 2016, she also stated therein that she began her search for new counsel in April. brother, Igor, emigrated to the United States in 1936. Christina petitioned pursuant to SCPA 1809 to determine the validity of her claim against the estate (see Matter of Cassini, 95 AD3d at 1312). Also unavailing is the objectants' contention that the legislative purpose underlying the enactment of CPLR 321 (c) is to protect an unknowing client whose counsel failed to inform the client of counsel's suspension or disability. Marianne replied, contending that the choice to proceed pro se was involuntarily forced on her by the court, and she did not waive her right to the automatic stay under CPLR 321 (c). Nor is there any evidence as to whether and when Reppert advised Marianne of his health condition, apart from his disclosures to the court. Cassini drew the trust. McKay promptly informed the court that he would not be able to handle that trial because of his work schedule, his summer vacation plans with his family, and the fact that the file in the proceeding comprised at least 28 large boxes. Christina filed objections to the account of the SNT, and subsequently moved for Nestor has been at war with Christina, Oleg's daughter from his second marriage, since Christina challenged her father's last will in 2007 and won 25 percent of his fortune. Now Nestor Cassini is up against her late husbands grandson, Alexandre Cassini Belmont, who lives in Spain and has claimed a right to 50 percent of the estate. I have just returned from visiting my granddaughter Bobbi Kristina in the hospital and while she is no longer in a medically induced coma she has a tracheotomy and according to the doctors she has global and irreversible brain damage and remains unresponsive, Houston said in a statement according to E! Cassini didn't publicly reveal her marriage to Oleg until after his March 2006 death. standout as First Lady. The controversy at issue herein might have been less confusing had Sills Cummis served strictly in an of counsel capacity to RK, with the latter firm being the sole{**182 AD3d at 42} attorney of record. Marianne commenced an action, in California, for declaratory relief, seeking a judicial determination regarding the parties' respective rights and obligations under the judgment of divorce. [FN1], The objectants did not oppose the motions by RK and Sills Cummis for leave to withdraw. {**182 AD3d at 27}It is notable that proceedings took place on April 6, 2016, without Marianne's participation, in the context of the accounting proceeding. [FN10] We thus treat July 25, 2016, as the terminus of the CPLR 321 (c) stay. 4, p. 5; The tragic tale was the inspiration for the mystery writer's 1962 book The Mirror Crack'd, adapted for the big screen in 1980, with Elizabeth Taylor playing the role based on Tierney's life. Cassini, to settle the account of that trust, Christina Cassini appeals from an order of the Either way, the stay attaches, but subject to the court's authority to vary it in appropriate cases. Her cause of death was lobar pneumonia, the Washington Post reported. Reconciliations were According to Harper, Marianne previously attested that OCI and CPL belonged to the decedent's estate but, after it was concluded that Christina had a one-quarter interest in the estate, Marianne claimed that Marianne, individually, owned all of the estate assets. 2023 Fairchild Publishing, LLC. Her sudden death came as a shock to everyone in her family, and it shattered their hearts just as their hearts were broken. then shifts to the nonmoving party to "'establish the existence of material issues Born November 19, 1948 Died March 31, 2015 (66) Add photos, demo reels Add to list Photos 7 Known for E! The Court of Appeals did not agree: CPLR 321 (c) applies to circumstances in which an event occurs which is personal to the attorney of record which involuntarily prevents the attorney of record from continuing to represent the party, notwithstanding the attorney's willingness to do so (see Hendry v Hilton, 283 App Div at 171). produced a wardrobe that was elegant but modern," noted the Thus, the order dated July 1, 2016, in effect, granting the cross motion to appoint a receiver, and appointing a receiver, should have been vacated in the interest of justice as having been the product of mistake, inadvertence, and surprise. The Pathways for Replacing an Attorney of Record. Tierney contracted rubella during an appearance at the Hollywood Canteen while she was pregnant with Daria. I couldnt speak to that.. The Los Angeles coroners offices toxicology report stated that her cause of death was drowning and effects of atherosclerotic heart disease and cocaine use., Cocaine and metabolites were identified and were contributory to the death, the report stated. Kelly further stated that he had contacted counsel for the objectants, Robert M. Harper of Farrell Fritz, P.C., to request consent to adjourn the cross motion until after the motions for leave to withdraw were heard, but Harper refused to consent. Marianne posits that, since Reppert was found to be disabled from further representation of her, a stay pursuant to CPLR 321 (c) automatically went into effect and no further proceedings could be taken against her until a notice to appoint a new attorney was served upon her. In a ruling regarding the wrongful death lawsuit filed against Nick Gordon, Fulton County Superior Court Judge T. Jackson Bedford determined that Gordon, who didnt have an attorney, had to pay Browns estate with $36,250,000, the Associated Press reported. Their suave European manners Christina Cassini, who was known as "Tina," died in 2015. his wife, Marianne Nestor Cassini (hereinafter Marianne), and two daughters from his The finding by the court on the motions for leave to withdraw that Reppert's condition precluded his continued participation in the matter, coupled with the facts that Reppert's health condition was a cause over which Marianne had no control and was not due to any fault on her part, established the existence of a disability for the purpose of CPLR 321 (c) (see Hendry v Hilton, 283 App Div at 171). Bobbi Kristina Brown, 22, died at a. at 580-581). "The stay is meant to 'afford a litigant, who has, through no act or fault of his own, been deprived of the services of his counsel, a reasonable opportunity to obtain new counsel before further proceedings are taken against him in the action'" (Moray v Koven & Krause, Esqs., 15 NY3d at 389, quoting Hendry v Hilton, 283 App Div at 171), and, in this case, as of June 9, 2016, Marianne was afforded the opportunity to retain new counsel prior to the scheduled trial date of July 25, 2016. The autopsy alone could not reveal the underlying cause of death because of the long interval between Ms. Brown being found unresponsive in the bathtub and her eventual death, the medical examiners statement continued. In the PSA, the decedent agreed that he would, by testamentary disposition, leave not less than one half of his net estate to Daria and Christina, in equal proportions (see id.). $500,000 distribution was made from the estate to the "Daria Tierney Cassini Trust.". Reppert had represented the decedent for more than 15 years and represented OCI and Marianne for more than 20 years. Nestor Cassini has faced years of legal battles with her late husbands offspring over his multimillion dollar estate. That action was dismissed for lack of personal jurisdiction over an indispensable party (see Cassini v Belmont, 2012 WL 3594378, 2012 Cal App Unpub LEXIS 6167 [Aug. 22, 2012, No. Thus, the underlying cause of death is based substantially on review of medical records, the results of toxicology tests, investigative records, and the fact that the autopsy did not show any other likely underlying cause of death or reason for Ms. Brown becoming unresponsive., Browns death was very similar to her mothers 2012 death. His father, Alexander Loiewski, was a Russian diplomat who lost his products. created a groundbreakingly stylish official wardrobe for the wife of a Cassini had previously been married to the Academy Award-nominatedactress Gene Tierney. She retired from films in 1965 after . . estate. ). denied her motion for summary judgment granting certain objections to the account of "Cassini from the start The service of a formal written notice to appoint from and after June 8, 2016, would have been an idle formality since Marianne knew, and was specifically advised by the court, that, if she wanted to have counsel, she would have to have one by the July 25, 2016 trial date. The fashion establishment was rather miffed that someone of three witnesses. On or about July 11, 2016, Marianne made two pro se motions. On June 8, 2016, Marianne appeared in the Surrogate's Court with attorney Robert McKay. Marianne's letter also referenced a motion having been made by the objectants that was returnable on June 8, 2016. marriage to Gene Tierney, Daria Cassini (hereinafter Daria) and the objectant Christina The protection of the statute is confined to causes which, as to the client, may be said to arise from a force majeure or one over which the client has no control (see id.). Cassini, the fashion designer. Certainly, where the attorney's withdrawal is caused by a voluntary act of the client, the court has the discretion to permit the matter to proceed without a stay (see Matter of Wiley v Musabyemariya, 118 AD3d at 899-900 [no stay where client voluntarily discharged attorney]; Sarlo-Pinzur v Pinzur, 59 AD3d at 608 [no stay where client refused to cooperate with counsel in preparing for trial]; Graco Constr. Generally, "a person is aggrieved when he or she asks for relief but that relief is denied in whole or in part. York City rooming house and eating hot dogs. She ordered Nestor Cassini to pay surcharges of more than $20 million to the estate, a figure that with interest is referenced in court records as now equaling around $50 million. Oleg Cassini was a French-born American fashion designer noted for being chosen by Jacqueline Kennedy to design her state wardrobe in the 1960s. His style signatures included A-line This pathway requires the attorney of record to move, by order to show cause, on such notice as the court may direct, to be relieved. penniless when they arrived, they spent a few lean years living in a New While the Surrogate's Court relieved counsel and provided for a 30-day stay of proceedings, it failed to require that the adverse parties serve the orders relieving counsel upon the litigant whose counsel was permitted to withdraw. One of those motions was to adjourn the trial. The attorney for the four children of Tina Cassini, John Barnosky, said Sunday, Im hopeful that this recent development will cause the matter to be finalized after 13 years and carry out the judgment on behalf of the court., Gaitman said, Theres accounting that needs to occur as well as review and retrieval of certain documents that have been requested by a court-appointed receiver that were trying to work closely with to make sure she is in compliance with the court directives. All Rights Reserved. The Amended Order Dated November 13, 2017, By notice of motion dated April 12, 2017, Marianne moved pro se to{**182 AD3d at 36}. Developments Subsequent to the Orders Appealed From. On May 23, 2016, Kelly again called the court. At the conclusion of the June 8th conference, Marianne claims she was told that there would be another conference on June 29, 2016. The inclusion of Kelly of RK, and the exclusion of Marianne, as recipient of the motion, supports a conclusion that Farrell Fritz, P.C., as attorneys for the movants, was unaware, as of May 13, 2016, that RK's motion for leave to withdraw had been decided two months earlier. Marianne asserted that no such notice was ever given and, therefore, all motions, orders, decisions, judgments, and proceedings that happened after March 14, 2016, including but not limited to the order, in effect, granting the cross motion to appoint a receiver, as well as the trial, were null and void and must be vacated. [FN2] But, according to Harper, Marianne appeared and participated in a conference at which Harper, attorneys for other parties to the proceeding, Shifrin, and Surrogate Reilly's then law clerk, Debra Keller, were present. of the estate. It is unclear how she sustained these injuries but Browns family suspected that Gordon was physically abusing Brown during their relationship. The Public Administrator also opposed Marianne's motion to vacate and did so for the same reasons set forth in the objectants' opposition. Cassini was born in Paris in 1913 into a family bearing aristocratic titles on both sides. In support of her motion, Christina established that she is the remainder beneficiary {**182 AD3d at 19}, III. No, you have yourself locked in a cell The keys are in your hands, said Reilly, who had signed an order compelling Nestor Cassinis court appearance after the woman had refused to leave jail to attend a different court date. [FN9] There, the defendant's attorney notified the parties that he had been suspended from practice and had advised the defendant to{**182 AD3d at 51} obtain the services of another attorney. Marianne did not contend in her motion that she was compelled to make it pro se. The judge also found Nestor Cassini had refused to follow court orders, failed to keep adequate records and had been derelict and neglectful in her former duties as the estates executor. According to a letter that Kelly sent to Surrogate Reilly, dated May 25, 2016, Kelly received the March 14, 2016 order only two days earlier, i.e., May 23, 2016. Daughter of Gene Tierney and Oleg Cassini. It must be recognized that Marianne, by her own statements, knew, as of April 2016, that she would have to find new counsel,{**182 AD3d at 52} though there is nothing in the record that indicates that she knew, or was informed, that there was any deadline or urgency to that search. On the other hand, an adverse party may not always be in a position to know that the attorney of record for the other side has become disabled or disabled to such an extent as to preclude the attorney from continuing to provide representation to the client. Harper, in a later affirmation, asserted that McKay refused to make a general appearance on Marianne's behalf and so, when the parties and attorneys moved into a conference with Keller, McKay was asked to leave the conference. In this case, Marianne had two distinct attorneys of record. The jailing of Nestor Cassini is the latest twist in the case that has stretched across the tenure of three judges. phy, In particular, Marianne filed the petition for judicial settlement of her intermediate account in December 2010 or January 2011. of Christina's motion which was for summary judgment granting her objections Kelly stated that he just received the cross motion to appoint a receiver, also returnable on January 13, 2016, which he described as voluminous and complex and which, he asserted, bore no relationship to the pending motions for leave to withdraw. Gaitman declined to specify what those were Saturday, stating, While incarcerated, she complied with the court order to the best of her ability. The adverse parties themselves failed to serve the orders and also to serve the petitioner with a notice to appoint new counsel. his earliest training in the business. Among other items in the designers contested estate are Jaqueline Kennedy memorabilia, worth an estimated $1.8 million, along with about $50,000 in memorabilia connected to Princess Grace of Monaco, the late actress Grace Kelly. Subsequently, this Court, inter alia, denied that branch of Marianne's motion which was to stay enforcement of the orders dated November 14, 2017, and December 21, 2017, pending hearing and determination of the appeals. By order dated October 19, 2016, the Surrogate's Court, inter alia, directed Marianne to perform certain tasks and deliver certain information and documents to the receiver. Marianne also argues that the contempt order was improper, as the October 19, 2016 order she was found to have violated is not a lawful order, as such order was entered during the period when the proceeding was automatically stayed by operation of law. Unlike CPLR 321 (b) (1), where a substitution is with the outgoing attorney's consent, and CPLR 321 (b) (2), where an attorney may seek to be relieved, CPLR 321 (c) becomes applicable upon the occurrence of an event that is typically outside the outgoing attorney's control. Thus, she had some level of awareness that she had to seek new counsel, either because she was aware of the pending motions for leave to withdraw and/or was aware of the February 16, 2016 orders relieving RK in the turnover and SNT proceedings. In July 2011, Marianne and Rowe together Marianne contends that she was denied procedural due process when the court decided the cross motion to appoint a receiver without giving her notice of the return date and of a deadline for submission of opposition papers. Niece of Igor Cassini. Keller offered to, and did, send a copy of the order to Kelly by facsimile. As corrected through Wednesday, May 20, 2020. In any event, no one served her with it. In her affidavit submitted in support of her motion, Marianne argued that the proceeding was stayed pursuant to CPLR 321 (c) when Reppert was determined to be unable, due to health reasons, to continue representing her. ", In opposition, the objectants assert that CPLR 321 (c) does not apply to the situation at hand because RK and Sills Cummis moved for leave to withdraw under CPLR 321 (b) (2) and there is no evidence that any force majeure event occurred which would have triggered the application of CPLR 321 (c). In this opinion and order, we address Marianne's appeals from three orders of the Surrogate's Court, Nassau County (Margaret C. Reilly, S.), dated March 6, 2017, November 14, 2017, and December 21, 2017, respectively, and an amended order of the same court dated November 13, 2017. CPLR 321 (c) expressly permits the court to grant leave to continue the proceedings, and deny a stay, in particular cases where the attorney of record has been removed or suspended. As will be discussed further infra, where an attorney seeks leave to withdraw under CPLR 321 (b) (2), the court may stay proceedings pending the determination of the motion and after the determination. Bobbi Kristina Brown was found unresponsive and face down in a bathtub full of water on January 31, 2015. During or around the time these probate matters were pending in the Surrogate's Court, Nassau County, Marianne also was involved in litigation she commenced in California, seeking a judicial determination regarding the respective rights and obligations under the judgment of divorce between the decedent and his former wife, Gene Tierney (see Cassini v Belmont, 2012 WL 3594378, 2012 Cal App Unpub LEXIS 6167 [Aug. 22, 2012, No. Schedule J of the accounting indicated that the The circumstances present here could have been readily avoided had the objectants withheld their motion to appoint a receiver until after a determination of the motions by Marianne's counsel for leave to withdraw and until after they had served a notice to appoint counsel upon Marianne. Daily Telegraph Marianne contends that the order dated March 14, 2016, permitting RK to withdraw in the accounting proceeding was not "release[d] to the parties until it was faxed to [Kelly] more than two months later, on May 23, 2016. Congressman Ron DeSantis (R) has just lost his 30-year-old sister Christina DeSantis. Since the cross motion was made in the context of the accounting proceeding, the court should not have taken the matter under submission, without opposition, during the period of its own stay. popular First Lady a style icon for American women, and worked with one establish the trust with funds not emanating solely from the Estate of Oleg Cassini and The union was shortlived, its There are also such categories as accessories and fragrance. Theres only one person that was around both occasions, only one person who says they were there to protect themand he didnt.. German measles, by a zealous fan. They did not seek relief on an expedited basis by applying for an order to show cause. We also note that Marianne never raised the issue of the CPLR 321 (c) stay until April 2017, when she moved to vacate and nullify all judicial determinations made since March 14, 2016. Kelly stated: "We also believe it was timed to provide the least amount of time possible to prepare an opposition and with the knowledge that we are shorthanded due to Mr. Reppert's infirmity." When Daria Cassini was born in 1943, she was deaf and severely mentally handicapped. Cissy Houston talks to Shaila about Bobbi Kristina's condition. Kimberly Leonard. In an affirmation executed December 9, 2015, bearing a caption indicating that it pertained to the accounting proceeding, Reppert asserted that he was a member of RK, attorneys for Marianne "in connection with this action," and that he submitted the affirmation in support of counsel's application for leave to withdraw as counsel for Marianne. An Here, there is no evidence that Marianne knew that Reppert had a health impairment at the time she initially retained him some 10 years earlier. Bobbi Kristina Brown, the only daughter of singers Whitney Houston and Bobby Brown, died on July 26, 2015. Christina's claim was based on a "Property Settlement Agreement" (hereinafter the PSA) which was entered into by the decedent and Tierney. $1.575 million for money taken from the account, including alleged stolen rings. upon his time as a movie costumer in Hollywood to help make the immensely She was most certainly on notice that she needed new counsel when she appeared, accompanied by McKay, at a conference before the Surrogate's Court on June 8, 2016. WWD and Women's Wear Daily are part of Penske Media Corporation. Its really unfair, Nestor Cassini told Reilly at her August court date. Practically Reppert did not provide any details as to his medical condition or treatment, but offered to do so in camera upon the court's request. The order to show cause did not bear Surrogate Reilly's signature above the signature block.

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