IN THE MATTER OF THE GUARDIANSHIP OF ASIEDU A.B., Pursuant to SCPA Article 17-A (16/1672) — 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 he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he 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 Albertha M.B., his mother and Obeneuse A.B., his sister.The Chief Clerk is to mail a copy of this decision and the decree to the pro se petitioners.Decree signed.January 29, 2018ESTATE OF BRENDA CONLEY, Deceased (15/1227/A) — The administrator, the decedent’s daughter, seeks to lift the restrictions on her limited letters of administration so that she may distribute the settlement proceeds arising from the decedent’s personal injury causes of action.The decedent sustained injuries on September 13, 2011 allegedly in a motor vehicle accident, and died intestate on May 4, 2015 of unrelated causes. In addition to the petitioner, her distributees are a son and two infant grandchildren. The court, in its discretion, declined to appoint a guardian ad litem for the infants due to the small size of the settlement recovery (see SCPA 2220). The son, the mothers of the two infants and the New York State Department of Taxation and Finance consent to the application.Disbursements and attorney’s fees are allowed in the sum requested. The sum of $8,844.15 is to be paid to the petitioning daughter in reimbursement of the decedent’s funeral expenses. The net distributable proceeds are to be paid pursuant to EPTL 4-1.1, with the shares of each infant being paid to each of their mothers for the benefit of the infants (see SCPA 2220).Submit decree.January 29, 2018ESTATE OF CARMEN MUNIZ, Deceased (15/1261/A) — The administrator, a daughter of the decedent, seeks to lift the restrictions on her limited letters of administration so that she may receive and distribute the proceeds of personal injury causes of action.The decedent sustained injuries on August 10, 2011, allegedly as a result of negligence, and died on March 20, 2013 of unrelated causes. In addition to the petitioner, her distributees are a son and 11 grandchildren, all of whom, along with the New York State Department of Taxation and Finance, consent to the application.Attorney’s fees and disbursements, including the filing fee for this proceeding, are allowed in the sum requested, to be shared by counsel pursuant to their agreement. The sum of $9,007.00 is to be paid to Carmen Velez in reimbursement of the decedent’s funeral expenses. The sum of $8,500.00 is to be paid to New York City Department of Social Services, Human Resources Administration in reimbursement of the Medicaid provided to the decedent. The sum of $2,101.20 is to be paid to the Centers for Medicare and Medicaid Services in reimbursement of Medicare provided to the decedent.The net distributable proceeds are to be paid to the decedent’s distributees pursuant to EPTL 4-1.1.Decree signed.January 29, 2018ESTATE OF DIOMEDES D., Deceased (98/A/164G) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the additional appointment of a standby guardian of the respondent, an intellectually disabled person. Letters of guardianship of the person and property of the respondent were issued to the petitioner, the respondent’s mother, pursuant to a decision and decree of this court entered on December 2, 1998. After the matter was marked “submitted,” the petitioner also filed an affidavit requesting that the letters of guardianship of the property that issue to her be revoked, as the respondent never had any assets or income.As it appears to be in the best interests of the respondent, the amended application is granted. Accordingly, the respondent’s sister, Seneca N., is appointed standby guardian of the person of the respondent 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. As the respondent lacks income or assets to administer, the letters of guardianship of the respondent’s property granted to the petitioner are revoked in the order to be entered hereon.The Chief Clerk shall mail a copy of this decision and the order to the pro se petitioner.Order signed.January 29, 2018ESTATE OF ELBA BONET, Deceased (14/1702/A) — The administrator, the decedent’s daughter and sole distributee, seeks to lift the restrictions on her limited letters of administration so that she may judicially account for and distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (McKeon, J.). The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicaid claim.The decedent sustained personal injuries allegedly as the result of medical malpractice on July 12, 2012 and died intestate on June 5, 2014 of unrelated causes. The New York State Department of Taxation and Finance consents to the application.An additional disbursement of $375 is to be paid to counsel for the filing fee herein. The remaining funds are to be paid to the daughter.Decree signed.January 29, 2018IN THE MATTER OF THE GUARDIANSHIP OF JAYSON A.J.H., Pursuant to SCPA Article 17-A (17/1490) — 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 appeared and the court waived the appearance of the respondent based on the medical certifications, 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 also satisfied that the petitioner and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent’s guardians.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Daniel H., his father. The respondent’s cousin, Soleidy M., 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 is to mail a copy of this decision and the decree to the pro se petitioner.Decree signed.January 29, 2018ESTATE OF JEFFRIES DOMINGUEZ, ALSO KNOWN AS JEFFRIES A. DOMINGUEZ, Deceased (17/252/A) — The administrator, the decedent’s mother, seeks to lift the restrictions on her limited letters of administration so that she may distribute the settlement proceeds arising from the decedent’s May 21, 2016 false arrest claim.The decedent died intestate on October 25, 2016 of causes unrelated to the false arrest claim. In addition to the petitioner, his only other distributee is his father who, along with the New York State Department of Taxation and Finance, consents to the application.Disbursements and attorney’s fees are allowed in the sum requested. As requested, the net distributable proceeds are to be paid entirely to the mother.Submit decree.January 29, 2018ESTATE OF JOHN McCORMACK, ALSO KNOWN AS JOHN J. McCORMACK, Deceased (04/G/378A) — The administrator, the decedent’s sister and sole distributee, seeks to distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys’ escrow account. 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 September 24, 2002. The New York State Department of Taxation and Finance consents to the relief requested. Similar applications were approved previously.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.January 29, 2018IN THE MATTER OF THE GUARDIANSHIP OF JUNIOR F.P. Pursuant to SCPA Article 17-A (17/2148) — 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 was present and the court waived the appearance of the respondent based upon the medical certifications, 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 also satisfied that the petitioner and the proposed standby guardian are each 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 his mother, Sharon P. The respondent’s aunt, Jacqueline H., 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.Decree signed.January 25, 2018ESTATE OF LAWRENCE JONES, JR., Deceased (16/2258/A) — The administrator, the infant decedent’s mother, seeks to lift the restrictions on her limited letters of administration so that she may receive and distribute the proceeds of causes of action arising from the decedent’s personal injuries.The infant decedent sustained injuries allegedly as a result of negligence at his residence and died on December 9, 2015 of unrelated causes. His distributees are his parents. The father and the New York State Department of Taxation and Finance consent to the application.Attorney’s fees and disbursements are allowed in the sum requested. The sum of $1,803.75 is to be paid to the mother in reimbursement of the decedent’s funeral expenses. The sum of $22,500 is to be paid to New York City Department of Social Services, Human Resources Administration and the sum of $4,377.80 is to be paid to Conduent State Healthcare, LLC, for their respective Medicaid claims. As requested, the sum of $14,032.00 is to be paid to The Office of Child Support Enforcement in satisfaction of its judgment for child support arrears against the father. Statutory commissions are allowed.The net distributable proceeds are to be paid equally to the parents, with the share of the father reduced by the sum of $14,032.00 paid in satisfaction of the judgment for child support arrears, as requested.Decree signed.January 29, 2018ESTATE OF LOUIS A. VALASSO, Deceased (16/2379) — In this estate, the executor filed an ex parte motion seeking an advance payment of attorney’s fees (see SCPA 2111), and then filed a petition seeking the judicial settlement of his account. The executor now seeks to withdraw the ex parte application for attorney’s fees pending judicial settlement of his account.Accordingly, the ex parte motion for attorney’s fees is marked “withdrawn,” without prejudice to the executor seeking the same relief in the accounting proceeding.Proceed accordingly.January 29, 2018ESTATE OF MICHAEL B. MILLER, ALSO KNOWN AS MICHAEL BARON MILLER, Deceased (14/192/A) — The administrator, the decedent’s spouse, seeks to lift the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of a personal injury action.The decedent sustained injuries allegedly as the result of medical malpractice on August 12, 2008 and died intestate on November 27, 2013 of unrelated causes. His distributees are the petitioner and four children. All of the children and the New York State Department of Taxation and Finance consent to the application.Disbursements are allowed in the sum requested. Counsel fees pursuant to Judiciary Law §474-a are allowed. The sum of $639.66 is to be paid to CMS Medicare for its claim. The net distributable proceeds are to be paid to the distributees pursuant to EPTL 4-1.1(a) (1).Decree signed.January 29, 2018IN THE MATTER OF THE GUARDIANSHIP OF RYAN A. E. C. Pursuant to SCPA Article 17-A (17/551) — 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 intellectually disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardians and Mental Hygiene Legal Service, First Department (MHLS) appeared and the court waived the appearance of the respondent based upon the medical certifications, 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 and that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he 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). The court is further satisfied that the petitioners and the nominated standby guardian, first alternate standby guardian and second alternate standby guardians 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 his parents, Barbara C. C. and Norris C. The respondent’s sister, Nicole A. B., is appointed standby guardian of the respondent to serve when the primary guardians are no longer able to do so. The respondent’s brother Matthew C., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian are able to do so. Another brother, Jordan C., is appointed second alternate standby guardian to serve when none of the aforementioned guardians are able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk shall mail a copy of this decision and order, and the decree, to the pro se petitioners and MHLS.Decree signed.January 29, 2018ESTATE OF STEPHANIE GREEN, Deceased (10/1154/A) — The administrator, the decedent’s sister, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.The decedent died intestate on March 18, 2009, allegedly as the result of therapeutic negligence. Her distributees are a daughter and a son who were both over the age of 21 on the date of her death. Under the circumstances presented, including the consents of both children and the New York State Department of Taxation and Finance 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.Counsel fees and disbursements are allowed in the sum requested. As requested, the sum of $9,000 is to be paid to the New York City Human Resources Administration in payment of its claim for public assistance furnished to the daughter by deduction from her distributive share. The net distributable proceeds are to be paid to the children in equal shares, allowing for the aforesaid deduction.Decree signed.January 29, 2018
