Surrogate’s CourtSurrogate MellaESTATE OF THOMAS GLOVER, A/K/A THOMAS GLOVER, JR., Deceased (04/0064/P/Q/R) — Settlements of causes of action for decedent’s conscious pain and suffering and wrongful death with certain defendants were approved, and the attorney’s compensation and disbursements were fixed, by an order of the Supreme Court, New York County dated June 12, 2017. The administrator has petitioned for leave to allocate and distribute the proceeds of the settlement.The restrictions on the letters of administration issued by this court are removed, and the administrator is authorized to collect the compromise proceeds with respect to defendants AP Green Trust, Plibrico Company now being administered through the Plibrico Company Trust, and Armstrong World Industries now being administered through the Armstrong World Industries Trust. The restrictions shall remain in full force and effect with regard to any remaining defendants and causes of action.The proposed allocation of ninety percent (90 percent) to conscious pain and suffering and ten percent (10 percent) to wrongful death is approved. The commissions of the administrator, Surena Glover, have been fixed. Pursuant to EPTL 4-1.1 and 5-4.4, and as agreed by the distributees, the balance of the proceeds shall be paid in equal shares to decedent’s three daughters, Surena Glover, Elaine Elizabeth Glover, and Barbara Glover-Whitted, and to the estate of decedent’s post-deceased son, Arthur Glover.Decree signed.Dated: February 22, 2018ESTATE OF JOON CHO, Deceased (16/4476/A/B/C) — The Administrator of decedent’s estate, Chong Duk Chong, seeks authority to compromise a cause of action for her son’s conscious pain and suffering and collect $50,000 in settlement of such cause of action. Petitioner also seeks to judicially settle her account and distribute the net proceeds to Niem Phan, decedent’s wife and sole distributee.On October 5, 2014, decedent was struck by a taxi cab on 5th Avenue at 34th Street in Manhattan. Decedent retained the law offices of Robert B. Marcus, P.C., to commence an action against the owner and driver for his conscious pain and suffering. Before the case was resolved, however, decedent died on July 8, 2016 from causes unrelated to the accident. Decedent was 31 years old.Under the circumstances presented, compromise of the cause of action is approved and the restrictions on the letters 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. Attorneys’ fees and disbursements are approved in the sums requested. Statutory commissions have been waived (SCPA 2307).The Administrator is authorized to pay Capital One Bank the sum of $652.68 for decedent’s credit card balance, to pay Barclaycard Rewards Mastercard the sum of $508.80, also for decedent’s credit card balance, to pay Central Funeral Home the sum of $2,975.00 as and for the balance owed for decedent’s funeral services, and to reimburse herself the sum of $7,331.00 for funeral expenses.The net balance of the proceeds shall be paid to decedent’s surviving spouse pursuant to EPLT 4-1.1(a)(2).Decree settling Administrator’s account signed.Dated: February 22, 2018ESTATE OF ANNABELLE PORCHE, A/K/A ANNABELLE PORSCHE, Deceased (12/3718/A/B/C) — The proposed compromise of the cause of action for decedent’s conscious pain and suffering is approved. The entire settlement proceeds shall be allocated to the cause of action for decedent’s conscious pain and suffering. The Administrator is authorized to collect the settlement proceeds and execute the necessary receipts and releases. Petitioner has waived statutory commissions (SCPA 2307). Attorneys fees and disbursements are approved in the amounts sought, as is payment in satisfaction of a Medicare lien. Petitioner’s request to approve reimbursement to herself for decedent’s funeral expenses is granted.Decree settling the Administrator’s account as to the settlement proceeds is signed.Dated: February 22, 2018ESTATE OF STANFORD BILLIPS, Deceased (13/4271/A) — In this petition for the settlement of the first and final account in the estate of Stanford Billips, petitioner, Kim Billips, asks the court to determine the validity of claims and the identity of decedent’s distributees.Alleged creditors listed on Schedule D of petitioner’s account were served with process directing them to show cause why their claims should not be disallowed and they defaulted. Thus, the court approves petitioner’s rejection of their claims The court also approves, in accordance with SCPA 1805, petitioner’s request to reimburse himself for money that was advanced by him personally to cover estate administration expenses.Based upon the proof submitted at a hearing before a court attorney-referee, and the report of the guardian ad litem appointed to represent unknown distributees, the court finds that the decedent is survived by his half-brother, petitioner Kim Billips, as his sole distributee (EPTL 4-1.1[a][5] and [b]). The court also finds that petitioner proved that decedent’s father, whose name and whereabouts are unknown, is disqualified from sharing in decedent’s estate based upon his failure to support decedent while decedent was under the age of 21 years (EPTL 4-1.4[a][1]).Moreover, the court is further satisfied that diligent and exhaustive efforts have been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent’s death and that no claim has been made by any person other than the above mentioned distributees (SCPA 2225).The compensation of the guardian ad litem is fixed in the amount of $3,959.00.The net estate shall be distributed as set forth in the Decree.Decree signed.Dated: February 23, 2018ESTATE OF BORIS ANTSIS A/K/A BORIS SIROTENKO, Deceased (05/0256/M/N/O) — This is an application by the co-administrators of the estate of Boris Antsis, to distribute from their attorneys’ escrow account the proceeds of wrongful death and conscious pain and suffering causes of action. The causes of action arose from the decedent’s exposure to asbestos. The Supreme Court, New York County, by Order issued on September 12, 2017, approved the compromise of the causes of action and also approved the fees and disbursements of petitioner’s counsel.The petition is granted. The proceeds are allocated 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death. The restrictions contained in the letters issued to the co-administrators are removed and they are authorized to collect the settlement and execute the necessary receipts and releases with respect to defendant Armstrong World Industries now being administered through the Armstrong World Industries Trust. The restrictions shall remain in full force and effect with regard to any remaining defendants.The net proceeds shall be paid as directed in the Decree.The account is settled and the Decree signed.Dated: February 22, 2018ESTATE OF LAURA FINAMORE, Deceased (15/2537/A/B/C) — The proposed allocation and distribution of the wrongful death cause of action settled in the U.S. District Court for the Eastern District of Pennsylvania is approved. The entire settlement proceeds shall be allocated to the cause of action for decedent’s wrongful death. The Administrator is authorized to collect the settlement proceeds and execute the necessary receipts and releases. Petitioner has waived statutory commissions (SCPA 2307). Attorneys fees and disbursements are approved in the amounts sought.The net settlement proceeds shall be paid as set forth in the Decree.Decree settling the Administrator’s account as to the settlement proceeds is signed.Dated: February 22, 2018ESTATE OF RUTH ROSENBAUM, Deceased (11/901/C) — This is an application in the estate of Ruth Rosenbaum to withdraw funds deposited with the Commissioner of Finance of the City of New York pursuant to Decrees of this court, dated January 3, 2014 and August 1, 2016, for the benefit of unknown maternal distributees of decedent Ruth Rosenbaum.Based upon the proof submitted at a hearing before a court attorney-referee and in accordance with the recommendation of counsel for the Public Administrator (SCPA 1123[2][i][3]), the court finds that decedent was not survived by any maternal distributees. The court is satisfied that a diligent and exhaustive search has been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent’s death, and that no claim to a distributive share in the estate has been made by any person other than the paternal distributees. It is, therefore, determined that there are no distributees other than decedent’s paternal distributees (SCPA 2225).Accordingly, the Commissioner of Finance of the City of New York, after deducting fees and charges as provided by law, is directed to pay the funds on deposit plus accrued interest in equal shares to Stanley Weinberg, Ellis Weinberg, Stanley Weinberg, David Lee Weinberg, and Kenneth Juvelier, as Administrator of the Estate of Rosalyn Weinberg Juvelier.Settle decree with a provision for fixing the compensation of counsel for the Public Administrator.Dated: February 23, 2018ESTATE OF ABRAHAM ABRAMOVSKY, Deceased (07/2675/A/B/C) — The petition of Aviva Abramovsky, administrator of the estate of Abraham Abramovsky, is granted to the extent petitioner seeks: (1) leave to compromise a cause of action for wrongful death, (2) allocation of 100 percent of the net proceeds to the cause of action for wrongful death, and (3) settlement of her account. Leave to discontinue the action for conscious pain and suffering is granted.The fees of petitioners’ attorneys and their disbursements are fixed. Petitioner, having waived commissions, is authorized to distribute the balance of proceeds equally among decedent’s four children, including herself, individually (see EPTL 5-4.4).Accounting decree signed.Dated: February 22, 2018
