ESTATE OF BARBARA CHENKIN, Deceased (15/1593/A) — By a decision and order dated November 21, 2016, in this proceeding to settle the final account of the New York County Public Administrator as fiduciary of the estate of decedent Barbara Chenkin, the court had stayed the proceeding pending the conclusion of a New York Supreme Court action to determine the validity of a claim of decedent’s former husband, Michael Chenkin. The action was subsequently transferred to this court. In a decision dated October 13, 2017, upon the motion of the Public Administrator, the complaint was dismissed. The Public Administrator has now moved to lift the stay imposed more than one year ago and to dismiss the claimant’s objections.At the call of the calendar of January 23, 2018, the Pubic Administrator’s motion to lift the stay and to dismiss Mr. Chenkin’s objections was granted. The objections related solely to the Public Administrator’s rejection of Mr. Chenkin’s claim. This court’s dismissal of that claim on the merits in an action between the same parties precludes Mr. Chenkin from relitigating the issue in the accounting proceeding. In addition, in view of that dismissal, and under the doctrine of collateral estoppel, Mr. Chenkin has no interest in this estate and therefore has no standing to pursue objections.Under the circumstances, the court sees no reason to accept Mr. Chenkin’s invitation to exercise its discretion — pending an appeal that Mr. Chenkin has yet to bring — in favor of continuing the stay. The court had imposed the stay when it had not yet had occasion to assess the merits of Mr. Chenkin’s claim. Having now made such assessment, as reflected in its October 13, 2017 ruling, the court deems Mr. Chenkin’s claim to be without sufficiently arguable merit to warrant prolonging the extended delay that has already been visited upon this proceeding and this estate (see CPLR 5519[c]; see also Herbert v. City of New York, 126 AD2d 404 [1st Dept 1987]).This decision, together with the transcript of the January 23, 2018 proceedings, constitutes the order of the court.Clerk to notify.Dated: February 6, 2018ESTATE OF ANNA EVA RUTH VAN DEN ELSAKKER, Deceased (07/2614/B/C) — At the call of the calendar on January 9, 2018, the court granted this unopposed application seeking to revoke the Letters Testamentary previously issued to Elgen Van Den Elsakker, who failed to appear or answer this petition for her removal. This uncontroverted petition is proof of the facts alleged in it (SCPA 509). The court further granted petitioner Alvin Darby’s request for permission to resign as Administrator c.t.a.Decree revoking letters testamentary and letters of administration c.t.a. signed.Dated: February 6, 2018
