Surrogate’s CourtSurrogate AndersonESTATE OF ESTELLE MANGUM, Deceased (17/787) — Pursuant to a stipulation of settlement by and between the parties to this contested administration proceeding in the estate of Estelle Mangum (“decedent”), Helen Mangum will withdraw her cross-petition for letters of administration, and letters of administration will be awarded to Robert L. Mangum, Sr., decedent’s spouse (SCPA 1001 [1][a]).Decree signed.Dated: March 14, 2018ESTATE OF EVELYN O’CONNOR, Deceased (10/4235/A) — The parties to this contested accounting proceeding have entered into a settlement, pursuant to which respondent Barbara Compel-Blackwell withdrew her objections to the Public Administrator’s accounting.The guardian ad litem for unknown distributees is awarded $6,950 in compensation for his services in the proceeding.Decree signed.Dated: March 13, 2018ESTATE OF ROSE MOORER, Deceased (15/3610/ABC) — The proposed compromise of causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The proceeds are allocated 100 percent to the cause of action for conscious pain and suffering.The letters of temporary administration previously issued to the petitioners are revoked and letters of administration without limitations are issued to them.The compensation and disbursements of the attorneys for the fiduciaries are fixed and determined. The co-administrators are authorized to reimburse Rosemarie Moorer in the sum of $2,493.75 for decedent’s funeral expenses, and to pay the Human Resources Administration of the City of New York the sum of $6,677.16 in full satisfaction of its lien.The net proceeds shall be paid to decedent’s distributees Joann Moorer, Yvette Rhodes, Deborah Moorer, Brenda Moorer, Cornell Moorer, Jamel Mungin, Harry Moorer and Charles Byrd in equal shares. The share of Harry Moorer, who post-deceased decedent, shall be paid to Javera Moorer as voluntary administrator of his estate.The account is settled and the decree is signed.Dated: March 14, 2018ESTATE OF HENRY BOOKER, Deceased (10/3123/F) — At the call of the calendar, the court denied a motion to vacate a prior decision and order of this court, which revoked movant’s letters of administration and appointed in his stead the Public Administrator as administrator d.b.n. The basis for the court’s removal of movant is set forth in Matter of Booker (NYLJ, Dec. 19, 2017, at 29, col 1 [Sup Ct, NY County 2017]) and will not be repeated here.Movant claims that he was merely nineteen when he and his sister were appointed as co-fiduciaries of decedent’s estate in 2011 and thus “had little understanding of what [his] appointment meant.” Five years later in October 2016, movant became the sole administrator after the court sua sponte revoked his sister’s letters. However, he did nothing to advance the administration of the estate for a period of one year. Consequently, the guardian ad litem for movant’s brother sought movant’s removal. Although the court granted movant two adjournments to obtain counsel, he nonetheless defaulted on the motion and the court issued the above-referenced decision. The instant motion was filed a month later.Movant has not established any of the grounds available under CPLR 5015(a) that would warrant vacatur of the court’s prior decision and order. Although given every opportunity to demonstrate his fitness to serve, movant has repeatedly failed to do so. Most recently, he failed to file a judicial accounting as directed in the court’s prior decision or to seek an extension of time to do so. This only confirms that the appointment of the Public Administrator was necessary to ensure that the estate will be administered in a timely manner for the benefit of all the distributees.This decision, together with the transcript of the proceedings held on February 16, 2018, constitutes the order of the court.Dated: March 14, 2018
