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ESTATE OF GEORGE ZIAKOWSKI, Deceased (12/2260/B) — In this withdrawal proceeding, the ancillary administrator of the estate of Volodymyra Redkva filed a petition seeking an order directing the Commissioner of Finance of the City of New York (the Commissioner) to pay to the petitioner the funds being held on deposit pursuant to a decree entered on July 7, 2015 judicially settling the account of the Public Administrator. The July 7, 2015 decree provides that, inter alia, Volodymyra Redkva is a post-deceased distributee of the decedent; her estate is entitled to a one quarter distributive share of the decedent’s estate; her share is be paid to the legal representative of her estate; or, if no legal representative is appointed within a certain period of time, her share is to be paid to the Commissioner of Finance of the City of New York (the Commissioner) to be held for her benefit until further order of this court. As no fiduciary was timely appointed for her estate, the funds were deposited with the Commissioner in accord with the accounting decree. Jurisdiction was obtained over all the necessary parties without opposition. The Attorney General of the State of New York requests that a hearing be held.

Generally in a withdrawal proceeding a hearing is required; however, in this application, inasmuch as a fiduciary has been appointed for the estate of Volodymyra Redkva by this court, no hearing is necessary. Accordingly, this decision constitutes the order of the court granting the application and directing the settlement of a decree authorizing the Commissioner to pay the share held for the benefit of the estate of Volodymyra Redkva to the petitioner in his capacity as the ancillary administrator of her estate.

 
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