In a significant and somewhat contentious development, Zachary Zayas, a former law clerk with Queens Surrogate's Court Judge Peter Kelly, has transitioned to a prominent role at a leading Nassau-based law firm. This change follows allegations of a conflict of interest that arose due to his personal relationship with an attorney involved in a high-stakes inheritance dispute between two siblings.
Earlier this month, the Uniondale law firm Ruskin Moscou Faltischek P.C. made it public that Zayas, who hails from Massapequa, has joined their trusts and estates department as an associate. This announcement comes on the heels of a report by Newsday, which revealed that Judge Kelly had not disclosed for several months that Zayas, his principal law clerk and the son of Joseph Zayas, the chief administrative judge of the state court system, was cohabiting with attorney Cheryl Katz while she represented clients in Kelly's courtroom.
The inheritance case in question involved Shannon Hynes, a matrimonial attorney from Franklin Square, and her brother Sean Hynes, an NYPD detective based in Bellerose.
Reflecting on the Findings from Newsday:
- Zachary Zayas's personal ties to attorney Cheryl Katz ignited conflict of interest claims within the context of a sibling inheritance dispute, leading to his departure from his role as Judge Kelly's principal law clerk.
- Now, he is part of the Ruskin Moscou Faltischek team, where he will focus on estate, trust, and fiduciary litigation, particularly matters pertaining to Surrogate’s Court.
- This career shift occurred shortly after revelations surfaced about Judge Kelly's failure to promptly disclose Zayas's living arrangement with Katz while she was actively involved in legal proceedings in his court.
In a notable ruling earlier in 2023, Judge Kelly designated Sean Hynes as the sole executor of their father Richard Hynes's estate, valued at approximately $2.1 million. This decision granted Sean Hynes the power to utilize estate funds to cover legal fees, including those for Katz. Court records reveal that he disbursed close to $423,000 to three law firms associated with Katz between 2020 and 2024.
When announcing Zayas's new position, Ruskin Moscou Faltischek emphasized the advantages of his extensive experience in estate and fiduciary litigation, along with his background in professional liability defense and judicial clerkships. Adam Silvers, the managing partner of the firm, stated that Zayas would be a tremendous asset to both their clients and the firm.
Zayas and Katz have not responded to requests for comments regarding this situation. What prompted Zayas to leave Judge Kelly's courtroom, where he had been employed since 2021, remains unclear, as does any potential connection to the Hynes case or its media coverage.
Judge Kelly, who also serves as a justice in Queens Supreme Court, along with the Office of Court Administration, did not provide comments when approached for clarification. In a recent interview, Shannon Hynes expressed that Zayas's exit represents "a step in the right direction toward promoting confidence in the justice system," although she admitted uncertainty about whether her own case influenced his employment transition.
The core dispute revolves around the estate of Richard Hynes, who passed away on Christmas Day in 2019. The case was brought before Judge Kelly, who appointed Sean Hynes as the sole executor of his father's estate on February 21, 2023.
As suspicions grew regarding what Shannon Hynes viewed as biased rulings from Kelly, she engaged a private investigator in May 2024 to track Katz’s activities. The investigator uncovered that Zayas and Katz were not only romantically involved but also living together in Massapequa. At that time, neither Zayas, Katz, nor Judge Kelly had disclosed their relationship to Shannon Hynes or her legal representation.
Following the revelation by Shannon Hynes's legal team regarding this undisclosed relationship, Judge Kelly acknowledged in court transcripts that he had been aware of their living arrangement since late 2023. In a sworn affidavit, Katz asserted that she had informed Kelly about their relationship shortly after it began in June 2023.
Shannon Hynes noted that Zayas frequently attended court conferences and appearances related to the case. Once most significant issues were settled, Judge Kelly recused himself from the matter in May 2024, characterizing the move as discretionary while claiming that Zayas did not wield any decision-making influence over the case's outcome.
As of 2024, Shannon Hynes filed a formal complaint against Judge Kelly with the state Commission on Judicial Conduct, which investigates judicial misconduct. While commission officials have refrained from commenting, Judge Kelly defended his actions to Newsday, maintaining that he acted appropriately and in line with all applicable rules and regulations.
The case has now been transferred to Staten Island’s Surrogate's Court, where Shannon Hynes is pushing to remove her brother from the executor role and have the attorney fees paid to Katz's firm examined more closely. So far, her attempts have not succeeded, as Staten Island Surrogate's Court Judge Matthew Titone has dismissed all her motions. Currently, the case is in the discovery phase, with a trial date set for June 16.
This unfolding drama highlights not just the complexities of legal disputes but also raises critical questions about transparency and integrity within the judicial system. How do you feel about the implications of Zayas's departure and the surrounding circumstances? Share your thoughts below!
