ESTATE OF JAMES ELORRIAGA, Decedent (17/1030) — In this probate proceeding, it appears that Isabella Manfredi, Gianna Manfredi, and Valentina Manfredi, Infants, are necessary parties, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints Michael M. Walsh, Esq., as the Guardian ad Litem to protect the interest of such parties.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 11, 2018ESTATE OF ALICE LAGRUA, A/K/A ALICE M. LAGRUA, Deceased (16/1123) — Petitioner seeks to admit to probate a testamentary instrument, dated September 8, 2015, which purports to be the Last Will and Testament of the within decedent and to issue Limited 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 infant distributees, 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 Limited 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 September 8, 2015, is hereby admitted to probate.Petitioner further alleges that certain causes of action may exist in favor of the estate. Accordingly, the decree of probate and letters testamentary shall limit the authority of the executrix thereunder to the prosecution of said causes of action and the executrix is hereby restrained from the compromise of such actions and enforcement of any judgment recovered therein, until the further Order of this Court, upon filing satisfactory security.Limited Letters Testamentary shall issue to Mary Celifarco and Phyllis Abrams, they having duly qualified according to law, without the necessity of posting a bond, pursuant to ITEM IV of decedent’s Will.Decree signed.Dated: February 1, 2018ESTATE OF ROSE F. MAGLIO, Deceased (15/166/B) — In this pending accounting proceeding, the Court is in receipt of the reports of the Guardians ad Litem appointed on behalf of an infant and an incapacitated person, both interested parties within the accounting. Additionally, the Court is in receipt of an attorney’s affirmation in response to the report of the Guardian ad Litem appointed on behalf of the incapacitated person.Upon review of the reports, the response, as well as subsequent correspondence, it appears that an issue exists regarding the proposed distribution on behalf of the incapacitated person.Accordingly, this matter is restored to this Court’s Calendar of Tuesday, March 13, 2018 at 11:00 a.m. for a conference. Gary Kissin, Esq., Margaret Andreo, Esq., Guardian ad Litem on behalf of the incapacitated person are directed to appear at the Surrogate’s Court at such time.This decision shall constitute the Order of the Court.Dated: February 20, 2018ESTATE OF KEVIN E. MCCARTHY, A/K/A KEVIN MCCARTHY, Deceased (10/344/D/E) — On December 12, 2017, the court amended its Decision and Order dated October 26, 2017 to appoint Lauren A. Ottiano, f/k/a Lauren A. McCarthy, as Temporary Successor Trustee and issue Temporary Successor Letters of Trusteeship to Lauren A. Ottiano, f/k/a Lauren A. McCarthy. Lauren A. Ottiano, f/k/a Lauren A. McCarthy, now seeks to be appointed as Successor Trustee and for Successor Letters of Trusteeship to be issued.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 Lauren A. Ottiano, f/k/a Lauren A. McCarthy, be appointed as successor trustee.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 of Trusteeship 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 Lauren A. Ottiano, f/k/a Lauren A. McCarthy, be appointed as Successor Trustee and that Letters of Trusteeship issue to Lauren A. Ottiano, f/k/a Lauren A. McCarthy.Successor Letters of Trusteeship shall issue to Lauren A. Ottiano, f/k/a Lauren A. McCarthy, she having duly qualified according to law, without the necessity of posting a bond.Pursuant to the Guardian’s ad Litem report, net proceeds of the sale of the real property known as, 20 Lindenwood Road, Staten Island, New York, 10308, shall remain in the escrow account of Robert Helbock, Esq., pending the appointment of Letters of Guardianship of the Property for Ana Nicole Sobal, Infant.The Temporary Successor Letters of Trusteeship previously issued on October 26, 2017 are hereby revoked.This matter is restored to the court’s calendar for 11:00 a.m. on April 4, 2018 for control purposes for a status of the sale and guardianship proceeding. A copy of this decision shall be sent via regular mail to Kuhn, O’Toole & Maietta LLP, and Helbock, Nappa & Gallucci, LLP.This decision shall constitute the Order of the Court.Dated: February 23, 2018ESTATE OF JOSEPH MCKENDRY, A/K/A JOSEPH C. MCKENDRY, Deceased (15/661/G) — In this estate, the Court by prior orders granted applications to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent against several defendants. Limitations remained within the Letters Testamentary as against the non-settling defendants. The instant application seeks to compromise the action against additional defendants.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance.Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death and conscious pain and suffering causes of action in the amount of $89,678.34 is approved. The allocation of the net proceeds shall be 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $30,088.18 to Weitz & Luxenberg, P.C. Commissions in the amount of $2,690.35 payable to Brian McKendry are allowed.The net balance in the amount of $56,899.81 shall be paid as follows: $33,063.75 payable to Brian McKendry, as executor of the estate of Joseph McKendry, to be distributed pursuant to the terms of decedent’s Will and the filed Right of Election, for the portion of the settlement allocated to conscious pain and suffering; and $23,836.06 to Mary Ann McKendry, as surviving spouse, for the portion of the settlement allocated to wrongful death.The limitations within the Limited & 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.Incidental relief prayed for is granted.Decree signed.Dated: March 7, 2018ESTATE OF JOSEPH MCKENDRY, A/K/A JOSEPH C. MCKENDRY, Deceased (15/661/F) — In this estate, the Court by prior orders granted applications to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent against several defendants. Limitations remained within the Letters Testamentary as against the non-settling defendants. The instant application seeks to compromise the action against additional defendants.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance.Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death and conscious pain and suffering causes of action in the amount of $46,738.44 is approved. The allocation of the net proceeds shall be 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $15,790.70 to Weitz & Luxenberg, P.C. Commissions in the amount of $1,402.15 payable to Brian McKendry are allowed.The net balance in the amount of $29,545.59 shall be paid as follows: $17,166.49 payable to Brian McKendry, as executor of the estate of Joseph McKendry, to be distributed pursuant to the terms of decedent’s Will and the filed Right of Election, for the portion of the settlement allocated to conscious pain and suffering; and $12,379.10 to Mary Ann McKendry, as surviving spouse, for the portion of the settlement allocated to wrongful death.The limitations within the Limited & 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.Incidental relief prayed for is granted.Decree signed.Dated: March 7, 2018DECREES SIGNED MATTER OF JOSEPH CASCELLA; Concetta Carlesi; Claude J. Manzi; Beulah Fredericks; Anthony Boffa; Helen R. Costello; Nancy LaRocca; Musa Qaid Alsaydi; Harold M. Paulsen; Mary a. Coughlin; Rafael Antonio Sanci; Mary Ann Drakes; Robert Dingaro; Daniel V. Nelson; Lewis Sarofsky; Marie Phanord; Margaret Vecchione; Michael H. Shankman; Robert Spitalnik.GUARDIANSHIPSMATTER OF LEGACY JAYLEEN GARNER-MILLER; William J. Tuorto; Nicholas W. D’Amora; Nicholas Choquette; Jonathan Lee; Kenneth J. Nieves Cosme; Antonio Soriano.ORDERS SIGNED MATTER OF JOHN MARMO-3 ORDERS; John Macpherson Thomson; Theresa Chmilarski; Lawrence Cicero; Anne Willis; Ernestine Lombardi; John Pollina; Misra Revocable Trust; Grace Martino; Leon Breland; Joseph M. Grodowski; Jessie Davis; Vincent Gaeta.
