ESTATE OF SAMUEL ABBATE, A/K/A SAMUEL S. ABBATE, Deceased (14/273/C) — In the within estate, Letters of Administration were issued to the Public Administrator of Richmond County, on May 15, 2015. The Public Administrator of Richmond County was discharged via a decision and order of this Court dated March 29, 2016. An application has now been made for Limited Letters of Administration D.B.N. The application is granted.Limited Letters of Administration D.B.N. shall issue to Sara Keating, a/k/a Sara L. Keating, upon her duly qualifying according to law. The letters are limited to the collection of the estate assets being held by the Public Administrator of Richmond County, f/b/o Gertrude Briguccia, and for such assets to be deposited pursuant to the Article 81 Guardianship Order in Westchester County.The Letters of Administration heretofore issued on May 15, 2015 are hereby revoked. The filing of an accounting of the Public Administrator of Richmond County was filed with this court and settled by decree of this Court dated March 29, 2016.The court dispenses with the filing of a bond at this time.The Clerk of the Court is hereby directed to send a copy of this Decision and Order by regular mail to the Public Administrator of Richmond County, Arthur Decker, Esq., counsel to the Public Administrator of Richmond County, Sarah L. Keating, Esq., Michael S. Kutzin, Esq., counsel to Sara L. Keating, Esq., as Article 81 Guardian, and Honorable J. Emmet Murphy, Supreme Court Justice, Westchester County, New York.Decree signed.Dated: January 16, 2018ESTATE OF SAID ABDELKADER, A/K/A SAID KADER, Deceased (17/1049) — Limited Letters of Temporary Administration were issued to Salah Abdelkader on November 13, 2017. Jurisdiction has been obtained. A delay still remains in the issuance of Letters of Administration.Petitioner’s counsel has made an application via affirmation to expand the Limited Letters of Temporary Administration to allow the temporary administrator the following authority:1. To open an estate bank account;2. To marshal the assets;3. To sell Broadway RX, LLC;4. To appraise and market Broadway RX, LLC.After reviewing the affirmation and supporting documents, the application is granted. All of the powers in the Order of November 13, 2017 remain in effect.No distribution of assets is permitted pending further Order of this Court.The net proceeds of the sale of Broadway RX, LLC are to be held in the escrow account of Hattie F. Ragone, Esq., pending further Order of this Court.This decision shall constitute the Order of the Court.Dated: January 22, 2018ESTATE OF PETER ANTIOCO, Deceased (93/C/A/106) — This is an application by the limited administratrix D.B.N. of this estate to modify the limitations contained in the Limited Letters of Administration D.B.N. issued by this Court on May 15, 2017 so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.Waivers and consents from all the interested parties, including the New York State Department of Taxation and Finance, have been filed.Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/conscious pain and suffering cause of action in the amount of $50,109.89 is approved. The allocation of the net proceeds shall be 90 percent to the cause of action for conscious pain and suffering and 10 percent to the cause of action for wrongful death.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $16,947.88 to Weitz and Luxenberg, P.C.The net balance in the amount of $33,162.01 shall be paid as follows: $14,922.90 to Peter Antioco, Jr.; and $14,922.91 to the Estate of Joan Ferrari, post-deceased daughter, for the portion of the settlement allocated to conscious pain and suffering; $1,658.10 to Peter Antioco, Jr., and $1,658.10 to the Estate of of Joan Ferrari, post-deceased daughter for the portion of the settlement allocated to wrongful death.The limitations within the Limited Letters of Administration shall remain in effect, as against any other parties, and any and all other civil actions, until further Order of the Court.Incidental relief prayed for is granted.Decree signed.Dated: January 12, 2018ESTATE OF ANTHONY CERABONE, Deceased (17/631) — Petitioner seeks to admit to probate a testamentary instrument, dated June 17, 2010, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an incapacitated distributee, has filed his report recommending that the Will be admitted to probate.The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a Will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated June 17, 2010, is hereby admitted to probate.Letters Testamentary shall issue to Felicia Cerabone, she having duly qualified according to law, without the necessity of posting a bond, pursuant to Article SEVENTH of decedent’s Will.Decree signed.Dated: December 22, 2017ESTATE OF EVERETT E. CHRISTOPHER, JR. A/K/A EVERETT CHRISTOPHER, Deceased (17/1104) — This is a proceeding to probate a lost will dated August 3, 1998. Pursuant to Attorney Affidavits of Brian Mullen, Esq., the original instrument was lost in the World Trade Center tragedy on September 11, 2001.When a will is shown to have been in testator’s possession, but cannot be found subsequent to death, there is a rebuttable presumption that it was destroyed by the maker with the intention of revoking it (Matter of Kennedy, 167 NY 163). The proof submitted has overcome this presumption, and the contents of the missing instrument have been proved by means of the propounded copy (SCPA 1407), and the Affidavits of the attesting witnesses being provided.The proof further establishes due execution of the lost Will, decedent’s testamentary capacity and freedom from restraint at the time of its execution (EPTL 32.1; SCPA 1408). Accordingly, probate of the lost Will as set forth in the propounded copy is decreed and Letters Testamentary and Letters of Trusteeship shall issue to the petitioner.Submit decree incorporating therein a recital of the original Will in full from the propounded copy.Dated: January 11, 2018ESTATE OF HILDI VANDERGRAAF, Deceased (18/25/A) — Petitioner seeks probate of a propounded instrument, dated July 29, 2003, as the Last Will and Testament of the decedent, and the issuance of Letters Testamentary.Petitioner contends that there will be a substantial delay in the completion of the probate proceeding, inasmuch as jurisdiction has yet to be obtained. Because of this delay, and the need to marshal decedent’s property and pay the necessary expenses of the estate, petitioner has applied for Preliminary Letters Testamentary.After reviewing the petition and the supporting documents, the application is granted. Pursuant to the provisions of SCPA 1412, Preliminary Letters Testamentary shall issue to Carole Lavinio, upon her duly qualifying according to law. These letters are subject to the limitations set forth in SCPA 1412(3)(a) and shall remain in effect for a period of six (6) months from the date of issuance.No distribution of assets is permitted pending the further Order of this Court, or until the admission of the Will to probate, and the issuance of Letters Testamentary.After reviewing the documents in support of the application, the Court dispenses with the filing of a bond by the petitioner.Pursuant to SCPA 1412(3)(b), the preliminary executor shall give notice to all parties who have appeared herein within ten (10) days of her appointment.This decision shall constitute the Order of the Court.Dated: January , 2018ESTATE OF GARY WONDOLOWSKI, Deceased (14/740/A) — This is an application by the limited administratrix of this estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 11, 2014, so as to enable her to compromise a personal injury cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the personal injury claim in the amount of $200,000.00 is approved. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $74,327.70 to Sullivan, Papain, Block, McGrath & Cannavo, P.C.The net balance in the amount of $125,672.30 shall be paid pursuant to EPTL 4-1.1 as follows: $87,836.15 to Philita Wondolowski, surviving spouse; $18,918.07 to Andrew Wondolowski, son; and $18,918.08 to Philip Wondolowski, son.Incidental relief prayed for is granted.Submit Decree.Dated: December 7, 2017DECREES SIGNED MATTER OF EDWARD STEIGER; Henry Buono; Carlo Maiello; Barbara DeAngelis; Eileen Tierno; Ann Falletta; John Beers; Sheila Jean Louis; Gary Wondolowski; Dante A. Petrizzo III; Diego Fernando Vega; Pasquale Pirozzi; Irene Price; Walter Motyka; Josephine Ruggiero; Jonathan Latta; Robert Scios; Albert A. Scudieri; Joseph Muschello; Arcangelo Pinto.GUARDIANSHIPSMATTER OF ALEXIS ALONSO; David Batista; Nicholas Choquette; Nicholas W. D’Amora; Jonathan Lee; William J. Tuorto.ORDERS SIGNED MATTER OF CHARLES LARA; Frank Silvestri; Alfred J. Sileo; Muriel Stuart; John W. Beck, Jr.; Anne Settecasi Allen; Daniel Arnone; Janet Manolakos; Wilbert Waters; Nelly Canessa.
