ESTATE OF AUBREY FENTON, Deceased (17/2417) — On an adjourned return date in this application by one of the decedent’s sons for limited letters of administration, the decedent’s spouse who appeared on the original return date and requested time to file objections, stated that she does not intend to oppose the application. The other three distributees, another son and two daughters previously consented to the application.Accordingly, in the absence of any opposition the application is granted, and letters of administration shall issue to the petitioner limited to discovering possible estate assets, as requested in his petition. Should any assets be discovered, the petitioner may make any appropriate application to expand his authority on notice to all parties.Settle decree.February 13, 2018IN THE MATTER OF THE GUARDIANSHIP OF CLEMENT M.N., Pursuant to SCPA Article 17-A (17/1784) — 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 is 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 sister, Barbara L.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.February 8, 2018IN THE MATTER OF THE GUARDIANSHIP OF FATIMA A.G. Pursuant to SCPA Article 17-A (17/1229) — 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 the ward appeared, 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 she lacks the capacity to make health care decisions. The court is further satisfied that the petitioners 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 her mother, Josefina G., and her sister, Yiseel G. An aunt, Amanda M., is appointed standby guardian to serve when the primary guardians are not 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 petitioners.Decree signed.February 13, 2018ESTATE OF FELICIA DANIELS-MACK, Deceased (06/E/547A) — In this proceeding to judicially settle the account of the administrator, the decedent’s spouse, in which objections were filed by the decedent’s daughters, the court, by orders dated August 10, October 23 and December 1, 2017, directed the parties to appear for the judicial settlement of the administrator’s account. The administrator failed to appear on each date he was directed to do so, and in its last order the court advised the administrator that if he failed to appear for the hearing, his accounting petition would be dismissed (see CPLR 3216). All prior orders were mailed to the administrator by the Chief Clerk’s office. Not surprisingly, the administrator failed to appear, again, on the record in open court the court dismissed the proceeding and granted the request by the objectants to take and state an account on the administrators behalf upon commencement of a proper proceeding therefor. Furthermore, in view of the administrator’s repeated failure to comply with the prior orders of the court, the court revokes the administrator’s letters of administration (SCPA 711 [3]; 719 [10]). The statements on the record in open court and this decision constitute the order and decree of the court.The Chief Clerk is directed to mail a copy of this decision, order and decree to the pro se administrator and counsel for the objectants.February 13, 2018IN THE MATTER OF THE GUARDIANSHIP OF HERBERT G.R. Pursuant to SCPA Article 17-A (17/1732) — 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 and the respondent appeared, 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 further satisfied that the petitioner is 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, Julia R.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.February 13, 2018IN THE MATTER OF THE GUARDIANSHIP OF JEREMY J.S. Pursuant to SCPA Article 17-A (17/1758) — 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 is 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, Valerie S.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.February 13, 2018IN THE MATTER OF THE GUARDIANSHIP OF JORDAN B.V. Pursuant to SCPA Article 17-A (17/903) — 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 the respondent appeared, it appears to the satisfaction of the court that the respondent is a person with an intellectual disability within the provisions of Article 17-A of the SCPA and that he lacks the capacity to make health care decisions. The court is further satisfied that the petitioners 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 Carmen V. and Rene A. V., his parents. The respondent’s sister, Shannon V., is appointed standby guardian to serve when the primary guardians are no longer able to do so. Another sister, Alexandra V., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian 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 the decree to the pro se petitioners.Decree signed.February 8, 2018ESTATE OF KATHERINE REAVES, ALSO KNOWN AS KATHERINE K. REAVES, Deceased (16/2829) — On the initial return date of this pro se cross petition by the decedent’s granddaughter who, along with two sons, are the decedent’s only distributees, the granddaughter sought to vacate a decree of this court dated March 9, 2017 granting one son letters of administration on the consent of the granddaughter, based upon his failure to post a bond in the penal sum of $90,000. The matter was adjourned for a short period to enable the respondent son, also appearing pro se, to post the bond. By the adjourned date, the respondent had posted the requisite bond.Accordingly, this decision constitutes the order of the court denying the cross petition, as academic.The Chief Clerk shall mail a copy of this decision and order to the pro se cross petitioner, the pro se respondent, and to counsel of record for the respondent on his initial application for letters, Anthony S. Park Esq.Submit decree.February 8, 2018ESTATE OF LINA PHELAN, Deceased (17/1896) — In this application for letters of administration by a sister of the decedent, objections were served and filed by a nephew of the decedent. The decedent’s distributees are the petitioner, the objectant, another nephew and two nieces, all of whom were served with notice of this application. Insofar as jurisdiction is complete, this decision constitutes the order of the court directing the petitioner, objectant and any other interested party who wishes to do so, to appear for a disclosure conference to be held in courtroom 406 on March 6, 2018 at 9:30 am.The Chief Clerk is directed to mail a copy of this decision and order upon the pro se petitioner and objectant, as well as all other distributees served with notice of the application.Proceed accordingly.February 8, 2018ESTATE OF MAURECE FRIERSON, Deceased (17/2745) — This a proceeding for ancillary probate of the will of decedent dated July 1, 2016, which was admitted to probate by the Circuit Court, Orange County, Florida, decedent’s domicile. The petitioner, the decedent’s sister, sole distributee, sole beneficiary and nominated executor, was appointed as the personal representative in Florida.It appears that the decedent possessed an interest in real property within New York upon which the will may operate. Accordingly, a decree has been entered admitting the will to ancillary probate (SCPA 1602), and ancillary letters testamentary shall issue to the petitioner (SCPA 1604 [1] [a] [b]).February 13, 2018ESTATE OF RAMON HERNANDEZ, Deceased (17/1533) — In this proceeding commenced by the plaintiff in a plenary action seeking the issuance of letters of administration to the Public Administrator to appear for the decedent, a named defendant in the action, the Public Administrator appeared and submitted an affirmation declining the appointment insofar as this appears to be an insolvent estate and the Public Administrator could not defend the action (SCPA 1001 [8] [c]; see also Matter of Pagan, NYLJ, May 18, 2010 at 35 col [Bronx Surr Ct, 2010]). Under these circumstances, the petitioner’s application is granted only to the extent that the petitioner may designate a qualified person who is willing to serve for the limited purpose requested in the petition and letters shall issue to said designee upon their duly qualifying to receive such letters.Proceed accordingly.February 8, 2018ESTATE OF ROBERT BARRELLA, ALSO KNOWN AS ROBERT ANTHONY BARRELLA, ALSO KNOWN AS ROBERT A. BARRELLA, Deceased (09/1888/A) — The executor, the decedent’s spouse and sole testamentary beneficiary, 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 order, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.The decedent died on May 5, 2005. The decedent’s distributees are the petitioner and two children. Under the circumstances presented herein, including the consents of both children 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 90 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 and 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.Decree signed.February 13, 2018ESTATE OF SHARON BROWN, Deceased (12/1378/A) — The administrator, one of the decedent’s sons, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and judicially account for the proceeds of a personal injury cause of action.The decedent sustained injuries allegedly as a result of negligence and died intestate on June 22, 2012, of unrelated causes. The decedent’s distributees are the petitioner and two other children. The two children and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements and counsel fees are allowed in the sum requested. The sum of $22,301.78 is to be paid to the National Union Fire Insurance Company in satisfaction of its workers compensation claim. The net distributable proceeds are to be paid to the decedent’s children in equal shares.Decree signed.February 8, 2018ESTATE OF SHERMAN KEMP, Deceased (09/258/B) — The administrator, one of the decedent’s sons, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and distribute the proceeds of a personal injury cause of action. It appears the petitioner settled claims against another defendant in a prior application and it further appears non-settling defendants remain in the cause of action.The decedent sustained injuries allegedly as a result of medical malpractice and died intestate on June 25, 2008, of unrelated causes. The decedent’s distributees are the petitioner and three other children. All of the children and the New York State Department of Taxation and Finance consent to the relief requested. Jurisdiction was obtained over several possible creditors and they all defaulted. Another creditor, Regis Care Center (Regis), one of the defendants in the underlying action, was cited seeking to disallow its claim due to “ongoing litigation” and it has defaulted as well.Disbursements are allowed in the reduced sum as properly calculated and counsel fees are allowed pursuant to Judiciary Law §474-a. The net distributable proceeds are to be paid to the decedent’s children in equal shares pursuant to EPTL 4-1.1. In light of ongoing litigation between petitioner and Regis, this decision in no way forecloses any rights or defenses that may have been asserted by Regis in that litigation, notwithstanding its default herein. The restrictions imposed upon the administrator and his counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Submit decree.February 13, 2018IN THE MATTER OF THE GUARDIANSHIP OF TARIQ D.R. Pursuant to SCPA Article 17-A (17/1990) — 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 and the respondent appeared, 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 further satisfied that the petitioner and the proposed standby guardian 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 mother, Denalee F. The respondent’s father, Caswell R., 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 his 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.February 13, 2018ESTATE OF THOMAS MULLINS, ALSO KNOWN AS THOMAS M. MULLINS, Deceased (87/B/861/P) — The executor, one of the decedent’s sons, seeks to judicially account and distribute 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, disbursements and a workers’ compensation claim.The decedent died on February 11, 1989. In addition to the petitioner, the decedent’s distributees are a post-deceased spouse who is his sole testamentary beneficiary and ten other children. Similar applications were approved previously. Under the circumstances presented, including the consents of the petitioner as the executor of the estate of the post-deceased spouse, the ten other 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 75 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. As requested, the funds allocated to wrongful death are to be paid pursuant to the formula enunciated in Matter of Kaiser, 198 Misc 582 (Sur Ct, Kings County 1950) as follows: 93 percent to the spouse and 7 percent to Kevin Mullins. 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.February 13, 2018ESTATE OF WILLA BEATRICE CHERRY, ALSO KNOWN AS WILLA CHERRY, Deceased (17/2669) — This is an uncontested probate proceeding by the decedent’s son to probate, as an ancient document, an instrument dated November 24, 1971. The decedent died on October 2, 2006 at the age of 79. The decedent’s distibutees are the petitioner who is the sole testamentary beneficiary and a daughter who consents to the application.The two-page instrument, which is regular on its face, was drafted by an attorney, bears the signatures of three witnesses, one of whom is the attorney draftsman, and contains an attestation clause. The petitioner’s attorney affirms that, inter alia: (1) the decedent stored the will in a safe at her home immediately after executing the will; (2) the will remained in the decedent’s possession until her death; (3) the petitioner always lived with the decedent and her predeceased spouse; (4) the predeceased spouse informed the petitioner of the safe’s location when he was a teenager and gave him the combination to unlock it; and, (5) the attorney draftsman is deceased and the other two attesting witnesses cannot be located.To be admitted to probate as an ancient document, a will must be more than 30 years old, unsuspicious in nature and taken from a natural place of custody (see Matter of Brittain, 54 Misc 2d 965 [Sur Ct, Queens County 1967]). Moreover, the attestation clause is entitled to weight in determining due execution (see Matter of Cottrell, 95 NY 329 [1884]).Accordingly, as the propounded instrument meets the requisite criteria to be admitted to probate as an ancient document, the petition is granted, and a decree has been entered admitting the November 24, 1972 will to probate.Decree signed.February 13, 2018
