ESTATE OF MICHAEL P. HESSE, Deceased (14/3862/A) — The petition for Discovery and Turnover filed by Susanne C. Hesse, Executor of the Will of Michael P. Hesse, deceased, was withdrawn on consent of respondent Amalgamated Bank before the January 16, 2018 return date and the proceeding discontinued.Proceed accordingly.Dated: February 14, 2018ESTATE OF PAUL F. WALTER, Deceased (17/487/B) — At the call of the January 9, 2018 calendar, the court denied the petition of Matthew R. Bergey for an order compelling the executors of the will of Paul F. Walter to account and for related relief (see SCPA 2205). At this juncture — when the (extended) deadline for filing the estate tax returns is still months away, and the executors’ picture of the assets and liabilities of the estate remains incomplete — an accounting proceeding would not serve the best interests of the estate.This decision, together with a transcript of the January 9, 2018 proceedings, constitutes the order of the court.Dated: February 14, 2018ESTATE OF MICHELE FISCHER O’DONNELL, Deceased (17/2428/A) — At the call of the January 12, 2018 calendar, the return date of petitioner Anita Stephan’s application to compel production of certain written testamentary instruments of decedent Michele Fischer O’Donnell, purportedly executed between 2008 and 2010, from respondent Gary Hoppe, Esq., respondent did not appear personally. Instead, Dennis A. Zagroba, Esq., counsel for the proponent in a pending proceeding to probate as decedent’s will an instrument executed in 2015, appeared and represented that he had in his possession numerous original testamentary instruments of decedent predating the propounded instrument, and including the timeframe of such documents sought by Ms. Stephan.The court granted this application to the extent of directing Mr. Zagroba to file with the court all original testamentary instruments of decedent, in his possession, that are dated between 2008 to 2015.This decision, together with the transcript of the January 12, 2018 proceedings, constitutes the order of the Court.Dated: February 14, 2018ESTATE OF WALNER TEMA, Deceased (17/2355/A) — At the call of the January 12, 2018 calendar, the court denied as premature the motion, in the probate proceeding in the estate of Walner Tema, for an order dismissing the objections of Handy Tema and Winnie Tema and granting Faustin Tema’s petition to probate an October 19, 2015 instrument (see CPLR 3212 [f]). The denial was without prejudice to petitioner’s filing a dispositive motion upon the completion of discovery.This decision, together with a transcript of the January 12, 2018 proceedings, constitutes the order of the court.Dated: February 14, 2018ESTATE OF BEVERLY FRANK, Deceased (13/2428/B) — At the call of the calendar on January 9, 2018, the return date of this petition to compel respondent Bernard Hoppin, the executor of the estate of Beverly Frank, to account, the court granted the petition.Respondent is ordered to file his account, petition for its judicial settlement, and any other submissions required to obtain the issuance of a citation in the accounting proceeding within 60 days of the date that this Decision and Order is served upon him, with notice of entry. Respondent shall then cause citation to be issued and service to be made without undue delay, on all persons interested in each accounting proceeding pursuant to SCPA 2210.This decision constitutes the Order of the court.Dated: February 14, 2018ESTATE OF CLARE ELIZABETH FORSYTHE, Deceased (13/421/A) — At the call of the calendar on January 9, 2018, the return date of this petition to compel respondent Michael Corcoran, the executor of the estate of Clare Elizabeth Forsythe, to account, the court granted the petition.Respondent is ordered to file his account, petition for its judicial settlement, and any other submissions required to obtain the issuance of a citation in the accounting proceeding within 45 days of the date that this Decision and Order is served upon him, with notice of entry. Respondent shall then cause citation to be issued and service to be made without undue delay, on all persons interested in each accounting proceeding pursuant to SCPA 2210.This decision constitutes the Order of the court.Dated: February 14, 2018ESTATE OF ALEXANDER EISENBERG, Deceased (80/4161/H/I);ESTATE OF ALEXANDER EISENBERG, Deceased, (80/4161/J/K) — At the call of the January 12, 2018 calendar, the return date of these petitions for leave to resign as co-trustees and the appointment of a successor trustee for each of the two trusts created under the will of Alexander Eisenberg, deceased, the court allowed respondent Cheri Brandon to file a verified answer by February 2, 2018. The court further directed that the matter would be marked submitted for decision by the court on February 2, 2018.Respondent Brandon having failed to file an answer, the unopposed petitions are now granted, and successor letters testamentary will issue to Stanley Eisenberg, upon his filing a bond and otherwise qualifying according to law.Petitioner is directed to file an affidavit identifying the assets of these two trusts and their values, so that the amount of the bond to be imposed may be calculated. Upon the court’s receipt of this affidavit, the decrees will issue.This decision constitutes the order of the court. Clerk to notify.Dated: February 14, 2018Surrogate AndersonESTATE OF CORALEE RHONE, Deceased (12/2995/A) — The proposed compromise of the cause of action for the conscious pain and suffering of Coralee Rhone was approved by order of the Supreme Court, New York County. That court also approved attorney’s fees and disbursements.The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the net settlement proceeds and to execute the necessary receipts and releases. The net proceeds shall be paid to decedent’s sole distributee as set forth in the petition.The account is settled and the decree signed.Dated: February 9, 2018ESTATE OF NORMAN L. PECK, Deceased (16/1617);LILIANE PECK, as Preliminary Executor of the Estate of NORMAN L. PECK, Deceased, Plaintiff v. IAN S. PECK and STUBB HOLDINGS, LLC, Defendants; (16/1617/A);LILIANE PECK, as Preliminary Executor of the Estate of NORMAN L. PECK, Deceased, Plaintiff v. IAN S. PECK, Defendant; (16/1617/B) — In a proceeding to probate the will of Norman L. Peck, the court appoints Hon. Lee L. Holzman Special Referee to supervise discovery (see CPLR 3104[a] and SCPA 506[3]) and to hear and report to the court on all related discovery motions. In addition, Hon. Lee L. Holzman is appointed to hear and report to the court in the two related CPLR 3213 actions transferred to this court from Supreme Court, New York County (see SCPA 506[1]). In a stipulation filed with the court, the parties have agreed to the allocation of the Special Referee’s compensation.This decision constitutes the order of the court.Dated: February 14, 2018
