ESTATE OF FRANCES RAPPAPORT, Deceased (13/0448) — In this proceeding brought under Article 81 of the Mental Hygiene Law, the court appointed R. Demarest Duckworth as court evaluator (MHL § 81.09). Mr. Duckworth submitted his report and recommendation to the court and seeks compensation for his services, as supported by an affidavit of legal services and contemporaneous time records. He also seeks reimbursement for certain disbursements.Having reviewed the record, the court concludes that an award of $11,826.50 for Mr. Duckworth’s services is reasonable in light of the complexity of the matter, the time spent, and the size of the estate (see Matter of Freeman, 34 NY2d 1,9 [1974]). Therefore, the Article 81 guardian for Frances Rappaport is directed to pay to Mr. Duckworth the sum of $11,826.50 as compensation for his services as court evaluator. Disbursements are disallowed in the absence of evidence showing that they do not constitute normal office overhead (see Matter of Aitken, 160 Misc 2d 587 [Sur Ct, NY County 1994]).The clerk of the court is directed to mail a copy of this decision, which constitutes the order of the court, to all parties in this proceeding.Dated: December 27, 2017ESTATE OF JOHN STOREY A/K/A JOHN F. STOREY JR., Deceased (15/2659/B/C/D) — The compromise of causes of action for decedent’s wrongful death and conscious pain and suffering was approved, and the attorney’s fees and disbursements were fixed and determined by order of the Supreme Court, New York County. The causes of action arose from decedent’s exposure to asbestos.The restrictions contained in the letters issued to the administrator d.b.n. are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendants Goodyear Tire and Rubber Company, Fireboard (now being administered through the Fireboard Trust), Plibrico Company (now being administered through the Plibrico Company Trust), Owens Corning (now being administered through the OCF Trust), and United States Gypsum (now being administered through the United States Gypsum Trust); the restrictions shall remain in full force and effect with respect to any remaining defendants.The administrator d.b.n. has waived her right to receive commissions. Funeral expenses were paid by decedent’s post-deceased spouse, and the executor of her estate has waived reimbursement.The net settlement proceeds are allocated 60 percent to the cause of action for personal injury and 40 percent to the cause of action for wrongful death and shall be distributed as requested in the petition.The account is settled, and the decree is signed.Dated: December 27, 2017ESTATE OF JOHN STOREY, Deceased (15/2659/F/G/H) — The compromise of causes of action for decedent’s wrongful death and conscious pain and suffering was approved, and the attorney’s fees and disbursements were fixed and determined by order of the Supreme Court, New York County. The causes of action arose from decedent’s exposure to asbestos.The restrictions contained in the letters issued to the administrator d.b.n. are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendants Babcock & Wilcox (now being administered through the Babcock & Wilcox Trust), Armstrong World Industries (now being administered through the Armstrong World Industries Trust), AC and S (now being administered through the AC & S Trust), and Leslie Controls Trust; the restrictions shall remain in full force and effect with respect to any remaining defendants.The administrator d.b.n. has waived her right to receive commissions. Funeral expenses were paid by decedent’s post-deceased spouse, and reimbursement has been waived.The net settlement proceeds are allocated 60 percent to the cause of action for personal injury and 40 percent to the cause of action for wrongful death and shall be distributed as requested in the petition.The account is settled, and the decree is signed.Dated: December 27, 2017ESTATE OF JOHN STOREY A/K/A JOHN F. STOREY JR., Deceased (15/2659/I/J/K) — The compromise of causes of action for decedent’s wrongful death and conscious pain and suffering was approved, and the attorney’s fees and disbursements were fixed and determined by order of the Supreme Court, New York County. The causes of action arose from decedent’s exposure to asbestos.The restrictions contained in the letters issued to the administrator d.b.n. are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendant KACC Asbestos PI (now being administered through the KACC Asbestos PI Trust); the restrictions shall remain in full force and effect with respect to any remaining defendants.The administrator d.b.n. has waived her right to receive commissions. Funeral expenses were paid by decedent’s post-deceased spouse, and reimbursement has been waived.The net settlement proceeds are allocated 60 percent to the cause of action for personal injury and 40 percent to the cause of action for wrongful death and shall be distributed as requested in the petition.The account is settled, and the decree is signed.Dated: December 27, 2017Surrogate MellaESTATE OF DAVID WEINSTOCK, Deceased (07/1451/B) — The court considered the following submissions in determining the instant motion:The unopposed motion of Virginia Weinstock, individually, for leave to amend her pleading — filed, on January 27, 2017, in the proceeding commenced by the Bank of America, N. A., for permission to resign as a surviving co-trustee of the trust under Article FOURTH of the will of David Weinstock for movant’s primary benefit — is granted (see CPLR 3025 [b]). Her amended answer is to be filed by January 19, 2018.This decision constitutes the order of the court.Dated: December 28, 2017
