ESTATE OF JOSEPH BILOTTI, Deceased (17/345) — Petitioners seek to admit to probate a testamentary instrument, dated October 29, 2015, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioners herein.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an infant distributee, has filed his report recommending that the Will be admitted to probate.The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a Will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated October 29, 2015, is hereby admitted to probate.Letters Testamentary shall issue to Connie Bilotti and Lillian Bilotti, they having duly qualified according to law, without the necessity of posting a bond, pursuant to Articles FIFTH and SIXTH of decedent’s Will.Decree signed.Dated: February 8, 2018ESTATE OF ELIZABETH BORGES, Deceased (13/587) — Petitioner, the executor of this estate, seeks to have letters of trusteeship for testamentary trust established under the Last Will and Testament of the decedent issued to those nominated therefore therein.Previously, jurisdiction over all parties interested was obtained when the Will of the deceased, which nominates trustees for the trusts created, was granted probate.On August 18,2017, the bond amount was reduced via decision of the court from $30,000.00 to $12,479.12.The court approves the filing of a bond in the amount of $12,479.12.Letters of Trusteeship shall issue to Albert Frank Borges f/b/o Gabriella Borges.This decision constitutes the Order of the court.Dated: February, 2018ESTATE OF MARY CUGINI, A/K/A MARY E. CUGINI, Deceased (08/983/D) — The petition of Donna Cugini, a person interested in the estate of the decedent, for an Order directing Christy A. Cugini, Executor, to render and settle an account of his proceedings, is granted on consent.The executor is directed to file an account, together with a petition for its judicial settlement within sixty (60) days of the service upon him of a certified copy of the Order.Submit Order.Dated: February 2, 2018ESTATE OF CARMELA KERN, Deceased (12/346/C) — In this pending discovery proceeding, all outstanding issues have been settled by a Stipulation of Settlement. The Guardian ad Litem, appointed on behalf of infant interested parties, has filed his report wherein he recommends the approval of the Stipulation of Settlement and the ratification of his signature upon the stipulation.The fee of the Guardian ad Litem is fixed at $4,817.00 and shall be paid within thirty (30) days of the date of this decision.The fiduciary is directed to submit, upon Notice of Settlement to the Guardian ad Litem and any attorney who appeared in the matter, an order settling the matter and incorporating the terms of the Stipulation of Settlement. Additionally, a duly executed and acknowledged Stipulation of Settlement shall be filed with this Court.Proceed accordingly.Dated: February 1, 2018ESTATE OF RICHARD LEONE, SR., Deceased (16/488/B) — This an application by the limited and restricted executrix of this estate to modify the limitations contained in the Limited and Restricted Letters Testamentary issued on May 25, 2016, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action as against a defendant in a multiple defendant lawsuit brought on behalf of decedent. This Court, by prior decision and order, granted a compromise application as against one co-defendant.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation & Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury cause of action in the amount of $45,408.65 is approved. The allocation of the net proceeds shall be 40 percent to the cause of action for wrongful death, and 60 percent to the cause of action for conscious pain and suffering.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $15,279.55 to Weitz & Luxenberg, P.C.The net balance in the amount of $30,129.10 shall be paid as follows: $12,051.64 to Rosary Leone, surviving spouse, for the portion of the settlement allocated to wrongful death; and $18,077.46 to Rosary Leone, as executrix of the Estate of Richard Leone, Sr., to be distributed pursuant to the terms and conditions of the Last Will and Testament of Richard Leone, Sr., for the portion of the settlement allocated to conscious pain and suffering.Provisions in the Limited and Restricted Letters Testamentary heretofore issued to the petitioner on May 25, 2016 are hereby modified to the extent as indicated in this decision.The limitations within the Limited and Restricted Letters Testamentary shall remain in effect as against any other parties, and any and all other civil actions, until further Order of the Court.Decree signed.Dated: January 25, 2018ESTATE OF PETER ANTHONY MAZZOLI, Deceased (15/232/A) — In this compromise proceeding, it appears that Peter Anthony Mazzoli, Jr., an infant, is a necessary party, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints Kathleen Dempsey, Esq., as the Guardian ad Litem to protect the interest of such party.The appointment is effective upon the Guardian ad Litem filing with the Court Form UCS 872 entitled “Notice of Appointment and Certification of Compliance,” and upon the Guardian ad Litem duly qualifying pursuant to Uniform Rules for the Surrogate’s Court, Section 207.13(A).This decision shall constitute the Order of the Court.Dated: January 26, 2018ESTATE OF CHARLES YOHE, A/K/A CHARLES C. YOHE, Deceased (16/1256/B) — This is an application to compromise a wrongful death/personal injury cause of action against a defendant in a multiple defendant lawsuit brought on behalf of decedent’s estate. This court by prior decision and order granted compromise application as against several co-defendants.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation & Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury cause of action in the amount of $50,000.00 is approved. The allocation of the net proceeds shall be 40 percent to the cause of action for wrongful death, and 60 percent to the cause of action for conscious pain and suffering.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $16,969.11 to Weitz & Luxenberg, P.C.The net balance in the amount of $33,030.89 shall be paid as follows: $13,212.36 to Arlene Yohe, surviving spouse, for the portion of the settlement allocated to wrongful death; and $19,818.53 to Arlene Yohe, as executrix of the Estate of Charles Yohe, to be distributed pursuant to the terms and conditions of the Last Will and Testament of Charles Yohe, for the portion of the settlement allocated to conscious pain and suffering.Provisions in the Limited Letters Testamentary heretofore issued to the petitioner on January 31, 2017 are hereby modified to the extent as indicated in this decision. The limitations within the Limited Letters Testamentary shall remain in effect as against any other parties, and any and all other civil actions, until further Order of the Court.Decree signed.Dated: January 24, 2018DECREESGertrude Jelen; Robert E. Dicks; Andrew Luzzi; Alfonsina Nuzzo; Robert T. Roussel; Josephine Abela; Michael J. Valente; Gisela Petosa; Jeffrey B. Luthman; Rose M. Marchese; Lillie Cutillo; Joseph DeMola; Ralph A. Collado; June B. PerrellaGUARDIANSHIPSJason Ryan Fisher-2 orders; Ryan Christopher Niola; Ivan Nanco Arguello-3 orders; Vivin A. Gillespie; David Batista; Jayleen Cruz; Kayla Ruiz; John Singleton IIIORDERSPatricia A. Glorioso; Shulamith E. Lukrec; Helen McEvoy; Rosemarie Haas; Robert E. Hanson; Ronald H. Laird; Elaine Holmes; Laura Bonner; Frank silvestri; Lorraine Madigan; Marian L. Tessa; Joseph Lagrua; Peter A. Mazzoli
