ESTATE OF AL C. SIMMONS, Deceased (09/1126/A) — The administrator, the decedent’s daughter, seeks to judicially account for and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.). The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements and allocated the entire settlement proceeds to the wrongful death cause of action.The decedent died intestate on April 20, 2009. The decedent’s distributees are the petitioner and four sons, one of whom post deceased. The administrator of the estate of the post-deceased son, the three other sons and the New York State Department of Taxation and Finance consent to the application.An additional sum of $1,250 is to be paid to counsel for the filing fee herein. As requested, the net distributable proceeds are to be paid to the five children in equal shares, with the share of the post-deceased son to be paid to the duly appointed administrator of his estate.Decree signed.March 15, 2018 ESTATE OF AUGUSTINE ANTHONY CAMPO, ALSO KNOWN AS ANTHONY CAMPO, Deceased (10/1114/B) — In this proceeding, the administrator, the decedent’s daughter and sole distributee, seeks to distribute from her attorneys’ escrow account the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master. The cause 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 11, 2009. The New York State Department of Taxation and Finance consents to the relief requested.The net distributable proceeds are to be paid to the administrator. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.March 26, 2018IN THE MATTER OF THE LIVING TRUST ESTABLISHED BY ENA EDWARDS, ALSO KNOWN AS ENA ISABEL EDWARDS, Deceased (16/722/B) — In this contested accounting proceeding, the petitioner, a son of the decedent who is the nominated successor trustee and a trust beneficiary, and the objectant, another son and trust beneficiary, entered into two written stipulations, one of which was “so-ordered” by the court, pursuant to which, inter alia: (1) an order to show cause and motion by the objectant dated September 6, 2017 seeking to compel the petitioner to answer certain questions at his examination is withdrawn; (2) the petitioner is to serve responses to additional discovery demands by April 16, 2018; (3) the petitioner is to file all appropriate Federal and New York State tax returns for the trusts and provide copies to the objectant; (4) as a predicate for lifting the restraints on the petitioner’s authority contained in the objectant’s order to show cause and motion dated January 9, 2018 seeking to remove the petitioner as trustee and appoint the objectant as successor trustee, the petitioner acknowledges responsibility for penalties and accrued interest which may be imposed upon the trust for failing to timely file trust tax returns and pay taxes therefor, and agrees to be surcharged for same with an offset for any additional interest earned by the trust for the relevant time period; and, (5) the objectant’s order to show cause and motion dated January 9, 2018 is adjourned without date, to be restored by any party upon two weeks notice to the court and all parties.This decision constitutes the order of the court marking the order to show cause dated September 6. 2017 “withdrawn,” and the order to show cause dated January 9, 2018 “adjourned without date with the restraints contained therein lifted, to be restored upon two weeks notice to the court and all parties,” pursuant to the two written stipulations. All counsel, and any parties who wish to do so, are directed to appear on May 17, 2018 at 9:30 a.m. in courtroom 406 for a compliance conference, prepared to discuss settlement of the underlying issues and deadlines for all outstanding discovery, motions and the filing of the note of issue, certificate of readiness and statement of issues (see Uniform Rules for Surrogate’s Court [22 NYCRR] §§207.29 and 207.30). The petitioner’s attorney shall mail a copy of this decision and order to Wayne Edwards, a grandson who filed a claim for caretaking services rendered to the decedent and appeared pro se.Proceed accordingly.March 15, 2018ESTATE OF FRANKLIN WILLIAMS, Deceased (06/A/781/A) — In this contested administration proceeding on a cross petition by a daughter of the decedent, another daughter whose petition for letters of administration was held in abeyance withdrew all her objections pursuant to a “so-ordered” written stipulation and consents were filed by another daughter who had filed pro se objections and all of the other distributees, including the distributees of a post-deceased son.Accordingly, in the absence of any opposition, the cross petition is granted. The objections and the petition filed by Lisa Davoren are hereby marked “withdrawn pursuant to the terms of a ‘so-ordered’ written stipulation,” the objections filed by Catherine Williams are hereby dismissed as academic, and letters of administration shall issue to the cross-petitioner upon her filing a bond in the penal sum of $275,000. The letters of temporary administration that issued to the cross-petitioner are to be vacated in the decree to be entered hereon.Submit decree.March 26, 2018ESTATE OF INDANIA JIMENEZ, Deceased (10/3009/A) — The administrator, the decedent’s spouse, seeks leave to compromise causes of action arising from events leading to the decedent’s death and distribute the settlement proceeds.The decedent died on February 5, 2010 as a result of alleged medical malpractice. In addition to the petitioner, the decedent’s presumptive distributees are her parents. Citation issued to the decedent’s father to disallow him from sharing in this recovery as a presumptive distributee pursuant to EPTL 5-4.4 (a), and he filed objections. After several conferences with a member of the court’s Law Department, the parties entered into a written stipulation pursuant to which, inter alia, the objections would be withdrawn upon reimbursement of funeral expenses and the payment of a certain sum to the father. Under the circumstances presented, including the consent of the decedent’s mother who waives an interest in the settlement proceeds and the New York State Department of Taxation and Finance, and the lack of any unpaid debts, the request to allocate the entire settlement proceeds to the wrongful death cause of action is granted.Disbursements and counsel fees in accord with Judiciary Law §474-a are allowed. The sum of $2,500 is to be paid to Claudio Daniel Jimenez and the sum of $450 is to be paid to Elemeniel Rosario in reimbursement of their respective payments of the decedent’s funeral expenses. As requested, the net distributable proceeds, less the stipulated sum that is to be paid to the decedent’s father, is to be paid to the spouse.Settle decree.March 26, 2018ESTATE OF IRVING BERNSTEIN, Deceased (07/E/F/514P) — In these two proceedings, the successor executor, one of the decedent’s daughters, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos. The supreme court orders, inter alia, directed the payment of counsel fees and disbursements.The decedent died on November 11, 2006. In addition to the petitioner, his distributees are a post-deceased spouse who is his sole testamentary beneficiary and another daughter. Similar applications were approved previously. Under the circumstances presented, including the consents of the petitioner in her capacity as the executor of the estate of the post-deceased spouse, the other daughter and the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented in both proceedings, the court grants the request in each application to allocate 90 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.In each application, the funds allocated to personal injury are to be paid to the successor executor and the funds allocated to wrongful death are to be paid to the executor of the estate of the post-deceased spouse. The restrictions imposed upon the successor executor and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decrees signed.March 26, 2018ESTATE OF JAMES WALSH, ALSO KNOWN AS JAMES KEVIN WALSH, Deceased (16/2642/A) — In this proceeding, the executor seeks to lift the restrictions contained in his letters testamentary so he may distribute and judicially account for the proceeds of claims adjusted with the September 11th Victim Compensation Fund (“VCF”).The decedent allegedly sustained injuries after September 11, 2001 as a result of exposure to the toxins at the 9/11 World Trade Center disaster site and died on January 12, 2016. His distributees, a spouse and three children consent to the application, including the allocation of the net settlement proceeds to personal injury. The New York State Department of Taxation and Finance also consents to the application.Counsel fees are allowed as specified by the VCF guidelines. Disbursements are allowed in the sum requested. The net distributable proceeds are to be paid to the executor as fiduciary.Decree signed.March 26, 2018ESTATE OF JOHN MARZIGLIANO, Deceased (01/E/673P) — The executor, the decedent’s spouse and sole testamentary beneficiary, seeks to distribute from her attorneys’ escrow account the remaining 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 on June 29, 2001. In addition to the petitioner, the decedent’s distributees are three children, all of whom were over the age of 21 on the date of the decedent’s death, served with citation and defaulted. Similar applications were approved previously. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 60 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the executor. The funds allocated to wrongful death are to be paid to the spouse. The restrictions imposed upon the executor and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Submit decree.March 26, 2018ESTATE OF JONESSE DOLORES BROWN, Deceased (15/1450/A) — Prior to the return date of citation on this application by the decedent’s father for the issuance of limited letters of administration, the decedent’s mother filed a waiver and consent. Accordingly, in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner limited pursuant to the provisions of SCPA 702(1) with regard to any causes of action.Submit decree. March 26, 2018ESTATE OF JUAN PINEDA, ALSO KNOWN AS JUAN F. PINEDA, Deceased (16/626/B) — The administrator, the decedent’s spouse, and sole distributee, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and judicially account for the settlement proceeds of a personal injury cause of action.The decedent sustained injuries allegedly as a result of negligence and died intestate on March 15, 2016, of unrelated causes. The New York State Department of Taxation and Finance consents to the relief requested.Counsel fees and disbursements are allowed in the sums requested. The sum of $7,747 is to be paid to Flavia Pena in reimbursement of the decedent’s funeral expenses. The sums of $2,871.96 and $2,435 are to be paid to New York City Department of Social Services/HRA in payment of its Medicaid claim and Public Assistance, respectively. The sum of $63,243.65 is to be paid to MSPRC in payment of its Medicare claim. The net distributable proceeds are to be paid to the decedent’s spouse.Decree signed.March 26, 2018ESTATE OF LINDA LAVONDA RICHBURG-JAMES, Deceased (13/626/E) — In this contested accounting proceeding, the decedent’s daughter and mother, who are the only beneficiaries of the decedent’s New York Employees’ Retirement System (NYCERS) pension, move for an order directing NYCERS to pay the entire pension proceeds to them. The motion is predicated on the alleged failure by the attorney for the decedent’s spouse to comply with several court orders (see Matter of Richburg James, NYLJ, July 25, 2017 at 22, col 5 [Sur Ct, Bronx County 2017]). The motion is opposed by the spouse, who avers that the movants improperly rejected several tenders of payment by his attorney. NYCERS takes no position on the application, except to reiterate its desire to pay the proceeds as directed by the court. On January 11, 2018, following oral argument, the motion was marked “submitted for determination.”In support of their motion, the movants reiterate the history of these proceedings noting that by decision and order dated July 20, 2017, this court denied the spouse’s application seeking reduction of an assessment imposed by the court as a predicate for filing a late notice of right of election (see Matter of Richburg James, NYLJ, July 25, 2017 at 22; also see Matter of Richburg James, NYLJ, Mar. 8, 2017 at 23, col 4 [Sur Ct, Bronx County 2017). They contend the attorney for the spouse failed to timely pay the assessment directed by the court and thereafter, his tenders of payment on the record in open court on November 9, 2017 and on January 11, 2018 were rejected as untimely. The assessment remains unpaid.In opposition to the motion, the spouse avers that the various orders of this court were never settled upon his attorney, resulting in his untimely tenders of payment in open court on November 9, 2017 and January 11, 2018, and he remains ready, willing and able to pay the assessment. The movants reply, inter alia, that they expended significant legal fees and costs due to the continued failure by the spouse to comply with the statutory requirements for filing a right of election and urge additional sanctions are warranted.Although this court’s orders may not have been settled, it is uncontroverted that the attorney for the spouse was served with all relevant court orders by the Chief Clerk and/or the movants’ attorney. Nonetheless, counsel for the spouse repeatedly tendered a business check in payment of the assessment in open court on November 9, 2017 and January 11, 2018, and continues to manifest a desire to pay. Accordingly, this decision constitutes the order of the court directing that: (1) the spouse is afforded an additional opportunity to file a late notice of intent to exercise a right of election provided that his attorney delivers by overnight delivery service to the movants’ counsel an updated bank teller’s check in the sum of $10,710.55 payable to the law firm forthe movants on or before April 5, 2018 and files proof of service and delivery with the court with a copy of the tendered check annexed; (2) in the event that payment is timely made as directed, the spouse is to serve and file his notice of intent to exercise a right of election with proof of service no later than April 20, 2018 and the motion is denied; (3) in the event that the assessment is not timely paid or the notice is not filed as directed, the motion is granted and counsel may settle an order on or after May 1, 2018 directing NYCERS to immediately disburse the decedent’s pension benefits to the beneficiaries. No further extensions of the aforesaid payment or filing dates will be permitted. The request for an additional sanction upon the spouse’s attorney is denied, without prejudice to renewal for continued noncompliance upon two weeks’ notice to the other parties and the court.The Chief Clerk shall mail copies of this decision and order to respective counsel for the spouse, the daughter and mother, and NYCERS.Proceed accordingly.March 26, 2018ESTATE OF MARIO CARFAGNO, Deceased (08/976/E) — The administrator d.b.n., the decedent’s son, seeks to distribute from his attorneys’ escrow account the remaining 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 March 21, 2007. The decedent’s distributees are the petitioner and a spouse. Similar applications were approved previously. Underthe circumstances presented, including the consents of the spouse and the New York State Department of Taxation and Finance and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 60 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the administrator d.b.n and the funds allocated to wrongful death are to be paid to the spouse. The restrictions imposed upon the administrator d.b.n and his counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.March 26, 2018ESTATE OF MARTIN T. MIGLIOZZI, Deceased (16/92) — In this probate proceeding, all issues that could have been raised were resolved pursuant to a stipulation entered into by all parties including the nominated executor, the drafter of the propounded instrument dated October 19, 2015, and the guardian ad litem appointed for the decedent’s son whose whereabouts are unknown. The request of the guardian ad litem to enter into the stipulation on behalf of his ward is granted.Accordingly the will has been admitted to probate subject to the parties’ stipulation, including, inter alia, the revocation of the preliminary letters testamentary and the dismissal of the pending petition for letters of administration.Decree signed.March 26, 2018ESTATE OF TROY HARRIS, ALSO KNOWN AS TROY DOUGLAS HARRIS, Deceased (14/846/A) — The administrator, the decedent’s spouse, seeks to distribute and judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.). The supreme court order, inter alia, directed the payment of counsel fees and disbursements.The decedent died intestate on March 21, 2014 as the result of alleged medical malpractice. In addition to the petitioner, the decedent’s distributees are a daughter who was under the age of 21 and a son who was over the age of 21 on the date of the decedent’s death. Under the circumstances presented, including the consents of the two other distributees and the New York State Department of Taxation and Finance, including distribution pursuant to the formula enunciated in Matter of Kaiser, 198 Misc 582 [Sur Ct, Kings County 1950), and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.The sum of $6,580 is to be paid to the petitioner in reimbursement of the decedent’s funeral expenses. As requested, the sum of $6,911.59 is to be paid to the Commissioner of Taxation and Finance and the sum of $30,256.75 is to be paid to the United States Treasury for the decedent’s unpaid income taxes. Statutory commissions are allowed. The net distributable proceeds are to be paid pursuant to Matter of Kaiser, 198 Misc at 582, as follows: 90.67 percent to the spouse and 9.33 percent to the daughter.Decree signed.March 26, 2018
