Surrogate Nora Anderson
Petitioner moved for summary judgment in this action to revoke the estate fiduciary’s letters of administration. Decedent was survived by four children, and letters issued to one of her daughters. The estate’s sole asset was a Manhattan cooperative where respondent fiduciary resided. Respondent was evicted after she failed to pay maintenance charges, and the apartment was sold in foreclosure. The net proceeds were not turned over to the administrator, but were held by the co-op for the estate’s benefit, and the administrator failed to marshal the sale proceeds or wind up the estate. Petitioner argued respondent’s failure to pay maintenance resulting in the sale of the apartment and costs assessed against the proceeds, provided sufficient grounds for removal. The court agreed noting estate matters remained open after eight years of estate administration, attesting to respondent’s failure to meet her fiduciary obligations and winding up the estate expeditiously. It stated the facts established serious misconduct by respondent that harmed the estate, thus was indicative of respondent’s lack of fitness to serve as administrator. The court ruled an evidentiary hearing was not required, granting petitioner summary judgment revoking respondent’s letters of administration.
