ESTATE OF JOSEPH VISOCKI, Deceased (3357B/10)This is a proceeding for judicial settlement of final account by the Kings County Public Administrator (the petitioner), as administrator of the estate of Joseph Visocki (the decedent), who died intestate on July 20, 2010. The petitioner was issued Letters of Administration on November 10, 2010, and commenced the instant proceeding on November 21, 2011. Upon filing the petition and accounting, the petitioner cited the fiduciary of an alleged maternal uncle who is post-deceased, together with his distributees,1 four alleged maternal first cousins, five alleged paternal first cousins of the decedent,2 the New York State Department of Taxation and Finance, the Attorney General of the State of New York and The New York City Human Resources Administration, as well as an assignee of one alleged paternal first cousin and an individual against whom the decedent’s estate has a claim for reimbursement of an allocable share of estate tax. In addition, the petitioner duly published for all unknown distributees of the decedent’s estate, pursuant to SCPA §307(3)(a). A guardian ad litem was appointed to represent the interests of unknown distributees of the decedent’s estate, and a second guardian ad litem was appointed to represent the interests of one alleged distributee who is under a disability, as well as a distributee, under a disability, of a post-deceased alleged distributee. Verified objections to the instant accounting were filed on behalf of four alleged maternal distributees and on behalf of four alleged paternal distributees.
Counsel appeared in this proceeding on behalf of the alleged distributees. Upon the parties’ consent, a hearing to prove kinship of the decedent was held before a court attorney-referee (the referee) on June 6, 2012. All parties have waived the filing of the referee’s report, and have stipulated to the Court’s determination of all kinship issues upon the transcript of the hearing testimony and the documents in evidence, pursuant to SCPA §506(6)(c). The guardians ad litem have completed their investigations of kinship and have submitted their reports with respect thereto.