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Matter of Estate of Neller

Sale of Property Necessary to Distribute Assets; Eviction of Property's Occupants Directed

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*1  In this heavily contested proceeding, decedent died a resident of Richmond County on July 26, 2009. At the time of her death, the decedent owned residential real estate located at, 196 Livingston Avenue, Staten Island, NY 10314. Letters of Administration were issued to Paul P. Neller and Frances Valek on October 23, 2013. Paul P. Neller and Frances Valek (“petitioners”) via a verified petition now seek the following relief:1. Final Judgment awarding possession of the premises known as 196 Livingston Avenue, Staten Island, NY 10314 to the petitioners;2. Issuance of a Warrant of Eviction to remove Georgianna Neller and William Neller from possession thereof;3. An order to sell the property;4. Judgment for rent arrears and use and occupancy in the amount of $147,200.00 and fair value of use and occupancy with interest going forward, costs and disbursements herein;5. For such other relief as this Court deems appropriate.The proceeding was commenced by the petitioners pursuant to EPTL Section 11-1.1(b)(5)(A)(B)(E) and SCPA 1902(1)(3)(5)(6) and (7). Jurisdiction was obtained

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