GUARDIANSHIP OF ANANIA M.S.R., Pursuant to SCPA Article 17-A (17/1037) — 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 were 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 she lacks the capacity to make health care decisions. The court is further satisfied that the petitioners 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 Victor S. D., and Mercedes R. S., her parents. The respondent’s brother, Victor S.R., is appointed standby guardian to serve when the primary guardians are 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 petitioners.Decree signed.February 7, 2018ESTATE OF BENEDETTO BERARDI, Deceased (15/671/B) — The administrator, the decedent’s daughter, seeks to judicially account for the remaining settlement proceeds of causes of action arising from the events leading to the decedent’s death 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 attorney’s fees and disbursements.The decedent died intestate on February 14, 2015. The decedent’s distributees are the petitioner and a son. A similar application was approved previously. Under the circumstances presented, including the consents of the son and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims, the court grants the request to allocate 90 percent the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death action. The net distributable proceeds of each cause of action are to be paid to the decedent’s children in equal shares. 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 6, 2018ESTATE OF BENJAMIN A. BEVACQUA, Deceased (02/C/804P) — 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 attorneys’ fees, disbursements and subrogation claims.The decedent died on July 9, 2002. In addition to the petitioner, the decedent’s only other distributee is a son whose whereabouts are unknown. Similar applications were approved previously. In a prior application, the court appointed a guardian ad litem for the whereabouts unknown son, and determined that there was no basis to oppose the relief requested (see Matter of Bevacqua, NYLJ, Jan. 31, 2012 at 18, col 6 [Sur Ct, Bronx County 2012]). Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, the settlement proceeds are allocated, as requested, 90 percent to the personal injury cause of action and the balance to the wrongful death cause of action. The remaining proceeds are to be paid pursuant to the decree to be entered hereon.Decree signed.February 7, 2018ESTATE OF CARRIE WILLIAMS, ALSO KNOWN AS CARRIE L. WILLIAMS, ALSO KNOWN AS CARRIE LEE WILLIAMS, Deceased (13/2225/A) — The administrator, the decedent’s son, and sole distributee, seeks to lift the restrictions on his limited letters of administration so he may receive and judicially settle the remaining proceeds of personal injury causes of action settled in the Supreme Court, Bronx County (McKeon, J.). The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements.The decedent sustained injuries as a result of alleged nursing home negligence and died intestate on August 10, 2013. The New York State Department of Taxation and Finance and prior counsel in a Mental Hygiene Law article 81 guardianship proceeding consent to the application.The sum of $40,000 is to be paid to New York City Department of Social Services/HRA for its Medicaid claim. The sum of $32,440.41 is to be paid to MSPRC for its Medicare lien. The sums of $5,340 and $422 are to be paid to Bryan A. Raphan, P.C. for legal fees and disbursements, respectively, pursuant to the article 81 guardianship order dated April 25, 2013. The net distributable proceeds are to be paid to the decedent’s son.Decree signed.February 7, 2018ESTATE OF CATHERINE ALEXANDER, Deceased (17/1875) — In this proceeding for letters of administration by a daughter of the decedent, the decedent’s three children and only distributees, entered into a “so-ordered” stipulation amending the petition so that the son of the decedent shall serve as the administrator.Accordingly, upon the amendment of the petition to reflect that the son shall serve, letters of administration shall issue to the decedent’s son, Douglas Ronell Alexander.Decree signed.February 7, 2018ESTATE OF CLARENCE LEWIS, Deceased (13/293/A/C/D) — On the return date of an order to show cause and petition brought by the Public Administrator, the temporary administrator of the estate, which was also the adjourned date of two other pending applications, the parties entered into a stipulation which was “so-ordered” by the court whereby, inter alia, the suspended administrator consented to the entry of a 60-day order stemming from the decedent’s date of death to January 30, 2018.Accordingly, the respondent, the suspended administrator Barrett Lewis, shall file his account, a petition for its judicial settlement and all of the papers required to obtain the issuance of the citation in the accounting proceeding within 60 days of personal service upon him of a certified copy of this decision which constitutes the order of the court. The respondent shall then, without delay, cause the citation to be served upon all parties required to be served in an accounting proceeding pursuant to SCPA 2210, and shall appear before the court from time to time as required for the purpose of the settlement of his account. In addition to making personal service of a certified copy of this order on the suspended administrator, the Public Administrator is to mail a copy of this decision and order to counsel for all other parties.Proceed accordingly.February 7, 2018ESTATE OF ESTELLE MAYER, Deceased (16/2086/B) — The executor, the decedent’s daughter, seeks to remove the restrictions on her limited letters testamentary so that she may receive and judicially account for the proceeds from the settlement of a personal injury cause of action.The decedent sustained injuries as a result of alleged hospital negligence and died testate on November 17, 2015. The decedent’s other distributees, two children, and the New York State Department of Taxation and Finance consent to the application.Disbursements and counsel fees are allowed in the sum requested. The sum of $10,096.75 is to be paid to Susan Feldman in reimbursement of the decedent’s funeral expenses. The sum of $155,000 is to be paid to New York State Department of Social Services/HRA in payment of its claim. The sum of $2,274.61 is to be paid to Center for Medicare and Medicaid Services/CMS in payment of its Medicare claim. The net distributable proceeds are to be paid to the decedent’s distributees in equal shares with the share of June B. Mayer to be made payable to the trustees of the supplemental needs trust created for her benefit.Decree signed.February 6, 2018ESTATE OF INEZ HAMILTON, Deceased (16/2023) — In this proceeding for letters of temporary administration by a daughter of the decedent, another daughter filed objections and a cross petition requesting letters. Thereafter, the decedent’s distributees, three daughters, entered into a stipulation by which the cross petition was withdrawn and all consented to the petitioner, Michelle Silva, and the third daughter, Sharron Hamilton, serving jointly as administrators of the estate.Accordingly, upon the amendment of the petition, this decision constitutes the order of the court marking the cross petition “withdrawn” and the court hereby “so orders” the stipulation. Letters of co-administration shall issue to the decedent’s daughters, Michelle Silva and Sharron Hamilton, subject to the provisions of SCPA 805(3) with regard to the disposition of any real property in which the decedent had an interest and upon their duly qualifying according to law.Notwithstanding the default of the grandchildren, the decree entered herein shall be settled upon them.Settle decree.February 7, 2018GUARDIANSHIP OF LAUREN M.K. Pursuant to SCPA Article 17-A (17/1694) — 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 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 an intellectually disabled person within the provisions of Article 17-A of the SCPA and 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 parents, Beatrice C. K. and Bobi L. K.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.February 7, 2018ESTATE OF NELLIE HAYES, Deceased (10/3030/A) — The administrator, the decedent’s daughter, 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.) which are being held in her attorneys’ escrow account. An amended supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicaid claim.The decedent sustained injuries allegedly as the result of nursing facility negligence and died intestate on August 7, 2009. Her distributees are the petitioner and a son. The son and the New York State Department of Taxation and Finance consent to the application.The remaining funds, and any accrued interest, are to be paid to the two children in equal shares.Decree signed.February 7, 2018ESTATE OF RAYMOND SCARBOROUGH, ALSO KNOWN AS RAYMOND E. SCARBOROUGH, Jr., Deceased (15/1182/A) — The administrator, the decedent’s spouse, seeks to lift the restrictions contained in her limited letters of administration so that she may receive and distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (McKeon, J.) which are being held in the attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and Medicaid and public assistance claims.The decedent sustained injuries allegedly as the result of medical malpractice and died intestate on April 19, 2015. In addition to the petitioner, the decedent’s distributees are three children. All of the children and the New York State Department of Taxation and Finance consent to the application.The remaining funds are to be paid to the spouse and children pursuant to EPTL 4-1.1 (a) (1).Decree signed.February 6, 2018ESTATE OF REMA STEPHENSON, ALSO KNOWN AS REMA MAY STEPHENSON, Deceased (15/1192) — After the return date of supplemental citation in this application by a son of the decedent for limited letters of administration, it appeared that jurisdiction was acquired over three of the decedent’s four other children, her only distributees, without opposition, and the remaining child, another son, post-deceased the decedent without any fiduciary appointed for his estate and apparently without any distributees other than his siblings.Accordingly, and in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner limited by SCPA 805 (3) with respect to the decedent’s interest in real property.Submit decree.February 7, 2018ESTATE OF SAVANNA S.R., Deceased (16/2505) — This 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 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 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 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 her mother, Isabel V. and her sister, Ivette C-W. A brother of the respondent, Herlie V., is appointed standby guardian of the respondent to serve when the primary guardians are 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.Decree signed.February 7, 2018ESTATE OF VINCENT CANNIZZARO, also known as VINCENT D. CANNIZZARO, Deceased (04/E/641A) — The administrator, the decedent’s son and sole distributee, seeks to distribute the proceeds of personal injury causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in his 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 intestate on January 13, 2004. The New York State Department of Taxation and Finance consents to the relief requested. Similar applications were approved previously.The funds are to be paid to the administrator. 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.Decree signed.February 6, 2018ESTATE OF WILLIAM MATTEO, ALSO KNOWN AS WILLIAM MATTEO, Sr., Deceased (10/142/B) — The administrator, the decedent’s son, seeks to distribute from his attorneys’ escrow account 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 payment of attorney fees, disbursements and the partial reimbursement of funeral expenses.The decedent died on July 11, 2009. The decedent’s distributees are the petitioner and another son who consents to the application. Citation issued to the funeral creditor seeking to partially reimburse her for the funeral expenses, and the New York City Department of Social Services, and they defaulted. The New York State Department of Taxation and Finance consents to the relief requested. Accordingly, the court grants the request to allocate the entire net distributable proceeds to the personal injury cause of action.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 7, 2018
