IN THE MATTER OF THE FUNDING OF A SUPPLEMENTAL NEEDS TRUST FOR ASHLEY S.S., An SCPA Article 17-A Person (13/2561/B) — This is a proceeding by the mother/guardian of the person and property of the respondent Ashley S. S. who, by decree dated October 18, 2016, was deemed to be a developmentally disabled person pursuant to SCPA article 17-A, to create and fund a supplemental needs trust (SNT) for her benefit in conformity with EPTL 7-1.12. The application also seeks the payment of legal fees for services rendered in this and the guardianship proceedings from the respondent’s settlement proceeds arising out of causes of action relating to the death of her father. On the return date of citation, respondent appeared with the petitioner and counsel, and jurisdiction was obtained over the New York City Department of Social Services, Human Resources Administration, which defaulted.In the absence of any opposition, and it appearing that Ashley S.S. is a person with a severe and chronic or persistent disability, in that her disability is expected to, and does, give rise to a long-term need for specialized health, mental health, developmental disabilities, social or other related services, and who may need to rely on government benefits or assistance, the application is granted (EPTL 7-1.12). Based upon each of the factors enumerated in Matter of Freeman (34 NY2d 1, 9 [1974]), counsel for the petitioner is awarded $7,000 for legal services rendered in both proceedings, without disbursements, as no disbursements are set forth in his affirmation of services. Counsel may provide a supplemental affirmation for any disbursements upon the submission of the decree.Submit decree.February 15, 2018ESTATE OF CARMEN ALMODOVAR COLON, Deceased (17/2080) — In this application by a daughter of the decedent for letters of administration limited to maintaining a cause of action, jurisdiction is complete and there was no appearance in opposition.Accordingly, the application is granted and letters of administration shall issue to the petitioner limited pursuant to SCPA 702 (1) with regard to any cause of action.Submit decree.February 21, 2018GUARDIANSHIP OF CHRISTIAN A.A., Pursuant to SCPA Article 17-A (17/1084) — 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 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 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 Carmen A., his mother.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioner.Decree signed.February 16, 2018ESTATE OF EVELYN JOHNSON, also known as EVELYN M. JOHNSON, Deceased (17/2710) — On the return date of this application for limited letters of administration by a daughter of the decedent, jurisdiction was obtained over the decedent’s remaining son and daughter, and they defaulted.Accordingly, in the absence of any opposition the application is granted, and letters of administration limited by SCPA 702 (1) shall issue to the petitioner.Submit decree.February 16, 2018GUARDIANSHIP OF EVELYN M.T., Pursuant to SCPA Article 17-A (16/1203) — 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 she 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 Yvette S., her mother.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.February 21, 2018GUARDIANSHIP OF GERRY A.S., Pursuant to SCPA Article 17-A (17/1386) — 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 developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian appeared and the court dispensed with the appearance of the respondent based upon the medical certifications, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he lacks the capacity to make health care decisions, and that the petitioner, the proposed standby guardian and the first and second alternate standby guardians are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Laura M. T., his mother. The respondent’s sister, Alana P., is appointed standby guardian to serve when the primary guardian is unable to do so. Devannie R., another sister, is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian are able to do so, and Lauriel R., another sister is appointed second alternate standby guardian to serve when none of the aforementioned guardians is 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 is directed to mail a copy of this decision and decree to the pro se petitioner.Decree signed.February 16, 2018ESTATE OF JEAN J. VASSOR, Deceased (07/333/A) — In this application by one of the decedent’s son for the issuance of limited letters of administration, consents were filed by the decedent’s spouse and five of the decedent’s other children. Jurisdiction was obtained over the decedent’s other distributees, three children, with no appearance in opposition.Accordingly, the application is granted and letters of administration shall issue to the petitioner limited pursuant to SCPA 702 (1) with regard to any cause of action.Submit decree.February 22, 2018GUARDIANSHIP OF KRYSTAL L.A., Pursuant to SCPA Article 17-A (17/1243) — 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 were present, 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 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 Isabel F., her mother.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioner.Decree signed.February 16, 2018ESTATE OF LUCILE SHAW, Deceased (16/1078) — This is an uncontested SCPA 1407 proceeding by a brother of the decedent to probate, as a lost will, a photocopy of a will dated March 13, 2009. The decedent died on April 27, 2012, at the age of 77. The decedent was predeceased by her spouse and never had children. In addition to the petitioner, the decedent’s distributees are nine other siblings, three nieces and a nephew. Consents were filed for two siblings, and the other distributees were served with citation, without any appearance in opposition. The propounded instrument is signed by the decedent, contains an attestation clause, was witnessed by two witnesses, one of whom was the drafting attorney, and annexes a self-proving affidavit. Two children of the decedent’s predeceased spouse and the decedent’s two godchildren are equal testamentary beneficiaries.In support of the application, the proponent states that: (1) he retained counsel after the decedent’s death, paid the legal fee for completing a probate proceeding and gave counsel the original instrument with all the staples in place; (2) thereafter, counsel failed to commence a probate proceeding or communicate him; (3) the original instrument was never returned to him; (4) after that attorney died in 2015, he contacted the former associate for that attorney but the whereabouts of any records was unknown; and, (5) the copy of the decedent’s will filed with the court herein is a true and accurate copy of the original instrument he gave to the now deceased attorney.Crediting the petitioner’s sworn statements that he gave the original will to former counsel after the decedent’s death and it was not lost while in the decedent’s possession, the presumption of revocation never arose (see Matter of Conti, NYLJ, July 26, 2007, at 32, col 5 [Sur Ct, Bronx County 2007]; Matter of Ortiz, NYLJ, Jan. 29, 2007, at 33, col 4 [Sur Ct, Bronx County 2007]; Matter of Gethins, 97 Misc 561 [Sur Ct, Bronx County 1916]). Based on the proof submitted, the court is satisfied that the will dated March 13, 2009 was not revoked by the decedent during her lifetime (see SCPA 1407 [1]).The court is further satisfied that original of the instrument offered for probate was validly executed and, at the time of its execution, the testator was competent to make a will and not under restraint (see EPTL 3-2.1; SCPA 1408, 1407 [2]). In addition, the provisions of the lost will have been proven by the photocopy which was established as a true and complete copy of the executed will. Accordingly, the photocopy of the will dated March 13, 2009 is entitled to be admitted to probate.Decree signed.February 15, 2018ESTATE OF MELVIN JOEL CAYETANO GUITY, Deceased (16/2474/A) — The administrator, the decedent’s mother, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of the settlement of a personal injury cause of action.The decedent sustained injuries as a result of alleged medical malpractice and died intestate on June 10, 2015 of unrelated causes. The decedent’s only other distributee, his father, and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements, and counsel fees which are pursuant to Judiciary Law §474-a, are allowed. The sum of $3,150 is to be paid to Bessy Guity in reimbursement of the decedent’s funeral expenses. The sum of $1,472.63 is to be paid to New York City Department of Social Services/HRA for its Medicaid claim. The net distributable proceeds are to be paid to the decedent’s parents in equal shares (EPTL 4-1.1[a][4]).Submit decree.February 21, 2018ESTATE OF PAULINA V. YOUNG, Deceased (17/520) — On the return date of this application by the Public Administrator seeking letters of administration, the matter was marked “supplemental citation” as it appeared that jurisdiction was obtained over only one of the decedent’s three distributees, her alleged first cousins, and that cousin defaulted; however, thereafter, the remaining two alleged first cousins consented to the application.Accordingly, and in the absence of any opposition, the application is granted, and letters of administration shall issue to the Public Administrator.Submit decree.February 16, 2018ESTATE OF SAMUEL HODES, Deceased (16/2157; 16/2157/A) — In a contested probate proceeding and a separate proceeding to determine the validity of a trust, the parties have now filed with the court a stipulation of discontinuance with respect to each proceeding.Accordingly, each proceeding is marked “discontinued,” pursuant to the parties’ stipulations.Proceed accordingly.February 21, 2018GUARDIANSHIP OF SELENA J.W. Pursuant to SCPA Article 17-A (17/2121) — 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, the nominated standby and first alternate guardians are all 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, Joseph J. W. and Adelina A. A. The respondent’s godmother, Alicia P. G. is appointed standby guardian of the respondent to serve when the primary guardians are no longer able to do so. The respondent’s brother, Ruben G., 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 16, 2018GUARDIANSHIP OF TARIK A.L., Pursuant to SCPA Article 17-A (17/905) — 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 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 petitioners, the proposed standby and first alternate standby guardians 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 Yvonne L. and Forrell L., his parents. The respondent’s sister, Ayana L., is appointed standby guardian to serve when the primary guardians are no longer able to do so. His brother, Mwanza L., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian is 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 16, 2018
