ESTATE OF ANTOINETTE TOMANELLI, Deceased (13/259/C) — The administrator, the decedent’s son and sole distributee, seeks to allocate the settlement proceeds agreed to at mediation and to lift the restrictions on his limited letters of administration so he may receive and distribute those proceeds.The decedent allegedly suffered injuries on November 8, 2012 in a trip and fall accident, and died intestate on January 5, 2013 of unrelated causes. The New York State Department of Taxation and Finance and the insurer in the underlying action consent to the application. Under the circumstances presented, the court grants the request to allocate the proceeds to the personal injury causes of action.Counsel fees and disbursements relating to the underlying action and mediation are allowed in the sum requested, to be shared by counsel pursuant to their separate agreement. The additional sum of $1,262 for the filing fees incurred in this and the separate proceeding for letters of administration are allowed. The sum of 30,257.59 is to be paid to MSPRC/Medicare in reimbursement of medical services provided to the decedent.The net distributable proceeds shall be paid to the son.Submit decree.March 9, 2018ESTATE OF BARBARA ROBERTS, Deceased (13/228/B) — In this proceeding by a daughter of the decedent seeking, inter alia, to compromise causes of action, judicially account for the settlement proceeds and disqualify the decedent’s spouse as distributee, an issue has been raised by the guardian ad litem appointed for the decedent’s spouse whose whereabouts are unknown.Accordingly, the matter is placed on the court’s calendar of April 19, 2018, at 9:30 a.m. in courtroom 406 for a conference with counsel for all parties, including the guardians ad litem appointed for the spouse and an infant distributee.Proceed accordingly.March 12, 2018GUARDIANSHIP OF BRAD E.G., Pursuant to SCPA Article 17-A (17/1727) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian and the respondent appeared, and upon the report of Mental Hygiene Legal Service, First Department (MHLS), it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that he lacks the capacity to make health care decisions. The court is further satisfied that the petitioner and proposed standby guardian are qualified to assume the responsibility of serving as the respondent’s guardian.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Verdene S., his mother. The respondent’s sister, Audrey G., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The successor guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner and MHLS.Decree signed.March 13, 2018ESTATE OF CHARLES PERRIER, Deceased (17/1351) — In this application by one of the decedent’s sons for the issuance of limited letters of administration, consents were filed for the decedent’s other five children.Accordingly, the application is granted and letters of administration shall issue to the petitioner limited pursuant to SCPA 702 (1) with regard to any cause of action.Submit decree.March 12, 2018ESTATE OF DANTE RICCOBONI, Deceased (16/2745/B) — This is an application by the co-administrators, two of the decedent’s three siblings, to distribute from their attorneys’ escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.The decedent died intestate on December 14, 2016. His distributees are the petitioners and a brother who, along with the New York State Department of Taxation and Finance, consents to the application. Under the circumstances presented, the request to allocate the proceeds entirely to the personal injury cause of action is granted.The net distributable proceeds are to be paid to the co-administrators. The restrictions imposed upon the co-administrators and their counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.March 15, 2018ESTATE OF HELEN BEINSTOCK, Deceased (15/820/B) — In this proceeding to judicially settle the account of the executor of the estate, two nephews of the decedent filed objections, the executor filed a reply and a disclosure conference was held. Thereafter, the executor and the nephews entered into a stipulation which resolved the issues in the contested accounting and the objections were withdrawn in accord with the parties’ stipulation of settlement dated January 24, 2018.Accordingly, the executor may submit a decree consistent with the parties’ stipulation.Proceed accordingly.March 9, 2018ESTATE OF MABEL HARRIS, ALSO KNOWN AS MABEL HUDSON, Deceased (09/2682/A) — This is an application by a daughter of the decedent, one of the decedent’s six alleged children and only distributees, seeking to revoke the letters of administration that issued to the Public Administrator by decree dated May 24, 2010 upon a creditor’s application, to remove Jermain Hudson as a distributee based upon mistake in that application, and to grant superseding letters of administration d.b.n. to the petitioner. On the initial return date of this application, the Public Administrator appeared but the matter was marked “supplemental citation” as jurisdiction was not complete overall interested parties. Thereafter, the petitioner filed proof of jurisdiction over all other interested parties, including the other children, Jermain Hudson and the creditor, and counsel to the Public Administrator filed a written affirmation consenting to relief sought and waiving any fees.Accordingly, and in the absence of any opposition, this decision constitutes the order of the court granting the application, amending the original creditor’s petition to remove Jermain Hudson as a distributee, and granting superseding letters of administration d.b.n. to the petitioner upon her posting a bond in the penal sum of $250,000 and subject to the limitations of SCPA 805 (3) with respect to the decedent’s interest in real property. Upon the entry of the decree the Public Administrator shall account and deliver to the superseding fiduciary all personal property belonging to the estate (see SCPA 1122).The petitioner shall settle a copy of this decision and the proposed decree on the Public Administrator and, notwithstanding its default, on the creditor.Proceed accordingly.March 12, 2018ESTATE OF MIGUEL DE LOS SANTOS, Deceased (16/450/A) — The limited administrator, the decedent’s daughter, seeks to compromise causes of action arising from the decedent’s death, allocate the proceeds to the personal injury causes of action and judicially account for the settlement proceeds.The decedent suffered personal injuries on May 12, 2015 and died intestate on May 14, 2015. In addition to the petitioner, his distributees are two other children, both of whom were under the age of 21 at the time of his death, and are now adults. Jurisdiction was obtained over the decedent’s son and he defaulted. The other daughter and the New York State Department of Taxation and Finance consent to the application. Under the circumstances presented, the court grants the request to allocate the settlement proceeds entirely to the personal injury cause of action.Disbursements and attorney fees are allowed in the sum requested. The sum of $1,762.00 is to be paid to Kirsys De Los Santos in reimbursement of the decedent’s funeral expenses. The net distributable proceeds are to be paid to the three children equally (EPTL 4-1.1 [a] [3]).Submit decree.March 12, 2018GUARDIANSHIP OF RALPH M.S., Pursuant to SCPA Article 17-A (07/A/89G) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act seeking to appoint a successor and successor standby guardian of the person of the respondent, an intellectually disabled person.By decree dated October 5, 2006 the court adjudicated the respondent to be a mentally retarded person and appointed the respondent’s father, the guardian of his person, and the trustee of an inter vivos trust in which the respondent is a beneficiary, the standby guardian. After the death of the respondent’s father, the standby guardian became guardian of the person of the respondent, and by decree dated January 30, 2009, the petitioner herein was appointed the respondent’s successor standby guardian. The successor guardian is now deceased, and the petitioner now seeks letters of successor guardianship and the appointment of a successor standby guardian. The court is satisfied that the petitioner and nominated successor standby guardian are qualified to serve as the respondent’s guardian.Accordingly, successor letters of guardianship of the person of the respondent shall be issued to Sayda R. The respondent’s caretaker, Martha F., is appointed standby guardian to serve when the primary guardian is unable to do so. The successor standby guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757. The decree to be entered hereon shall provide for the revocation of the letters of guardianship that issued to the now-deceased successor guardian.Submit decree.March 13, 2018GUARDIANSHIP OF SYSHARLE L.K. Pursuant to SCPA Article 17-A (17/1616) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardians and the respondent appeared, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that she has a developmental disability which results in an impairment of general intellectual functioning so that she is unable to manage herself or her affairs by reason of her developmental disability (SCPA 1750-a [2]), that she lacks the capacity to make health care decisions, and that the petitioners are qualified to assume the responsibility of serving as the respondent’s guardians, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted Letters of guardianship of the person of the respondent shall issue to her parents, Lacy M. S. and Kenneth C. K.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.March 9, 2018ESTATE OF WILLIAM WHITE, ALSO KNOWN AS WILLIAM PAUL WHITE, Sr., Deceased (15/594/B) — The administrator, the decedent’s spouse, seeks to lift the restrictions contained in her limited letters of administration so that she may receive and distribute the proceeds of a claim filed with the September 11th Victims Compensation Fund (VCF). The VCF, inter alia, awarded counsel fees and determined an award for the spouse and the other distributees, five children, in accord with VCF guidelines.The decedent died intestate on March 14, 2015. All of the children and the New York State Department of Taxation and Finance consent to the application.Counsel fees and the net distributable proceeds may be paid to the decedent’s spouse and children, as awarded by the VCF.Decree signed.March 15, 2018GUARDIANSHIP OF YASHIEMA H. Pursuant to SCPA Article 17-A (17/1326) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian and the ward appeared, it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that she lacks the capacity to make health care decisions. The court is further satisfied that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to her mother, Dafina H.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.March 9, 2018
