ESTATE OF VINCENT DOWNING, Deceased (16-1904) — The motion of Diana Downing for an order restraining David Downing, executor of the will of Vincent Downing, from distributing estate assets or, in the alternative, requiring the executor “to provide security for Diana Downing’s interest in said Estate,” has been withdrawn, without prejudice, pursuant to a stipulation filed on March 14, 2018 (see CPLR 3217).Proceed accordingly.Dated: March 22, 2018ESTATE OF GILBERT SCOTT-HERON, Deceased (11-2283/I) — At the call of the March 6, 2018 calendar, the court granted the petition of Raquiyah Kelly requesting that Rumal Rackley file a supplemental account of his proceedings as temporary administrator of the estate of Gilbert Scott-Heron. The court directed Respondent Rackley to file a supplemental account for his proceedings for the period of October 1, 2013 through March 6, 2018, together with a petition for its judicial settlement, within 90 days of the date that this Decision and Order is served upon him, with notice of entry. Respondent Rackley shall also file with his account any other submissions required to obtain the issuance of a citation in the accounting proceeding, and cause citation to be issued and complete service to be made without undue delay, on all persons interested in the accounting proceeding pursuant to SCPA 2210.This decision constitutes the order of the court. The clerk of the court is directed to mail a copy of this decision to all parties in these proceedings.Dated: March 20, 2018ESTATE OF GILBERT SCOTT-HERON, Deceased (11-2283);ESTATE OF GILBERT SCOTT-HERON, Deceased (11-2283/B) — The petition of Rumal Rackley to be appointed the administrator of the estate of Gilbert Scott-Heron and the cross-petition of Raquiyah Kelly Heron seeking the issuance of letters of administration to Ms. Kelly Heron were held in abeyance pursuant to a decision of this court dated September 9, 2013, pending a kinship determination to be made after a hearing. Subsequently, the kinship hearing and other related proceedings were adjourned without date as the parties attempted to settle the matters at hand. No such settlement having been reached, the court now re-schedules the kinship hearing for December 5, 2018, at 10:00 a.m. A list of witnesses, a proposed family tree, and copies of all documents to be offered into evidence at the hearing shall be filed with the court, and served on all parties who have appeared, no later than November 9, 2018.This decision constitutes the order of the court. The clerk of the court is directed to mail a copy of this decision to all parties in these proceedings.Dated: March 22, 2018ESTATE OF LISA CLARK, Deceased (14-500/B/C/D) — The administrator’s petition for leave to compromise two causes of action for decedent’s personal injuries is granted. The restrictions on the letters of administration issued by this court are removed. The administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required.The administrator has waived commissions and there is no claim for reimbursement of funeral expenses. The attorneys fees have been fixed and disbursements have been allowed in accordance with Matter of Herlinger (NYLJ, Apr. 28, 1994, at 28, col 6 [Sur Ct, NY County]). The administrator is authorized to pay Case Cash GP., LLC the sum of $10,000.00, the New York State Department of Taxation and Finance the sum of $1,353.66, and Capital One Bank the sum of $5,000.00 in full satisfaction of their claims.The balance of the proceeds shall be paid to decedent’s daughter, Lauren Hodge, pursuant to EPTL 4-1.1(a)(3).Decree settling administrator’s account signed.Dated: March 21, 2018ESTATE OF VINEACE PRINCESS KINDRED, Deceased (12-3702/A/B/C) — The court modifies the restrictions in the letters of administration issued to the administrator, and approves and authorizes the collection of $50,000 offered by a defendant in settlement of the underlying action for decedent Vineace Princess Kindred’s wrongful death in accordance with this decision.Petitioner also seeks to settle her account for these settlement proceeds, and allocate them to the claim for wrongful death. There is no claim for reimbursement of funeral expenses, and petitioner seeks statutory commissions. Petitioner’s attorneys fees and disbursements are allowed in the amounts requested. Net of fees and disbursements, commissions are payable only in the amount of $1,593.15, calculated “on the residue” (EPTL 5-4.4[b]). Petitioner also asks to pay NYC Human Resources Administration $10,000 in full satisfaction of its lien, and distribute the net proceeds to decedent’s sole distributee, her mother. There is no opposition.As amended by this decision in respect of commissions payable, the court approves the relief requested, and the account is settled.The administrator is authorized to collect the proceeds and to execute such receipts and releases as may be required.The net proceeds shall be paid to decedent’s sole distributee, her mother, as set forth in the decree.Decree signed.Dated: March 21, 2018
