IN THE MATTER OF THE GUARDIANSHIP OF AARON K. E. C., Pursuant to SCPA Article 17-A (16/2662) — 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 and upon the report of Mental Hygiene Legal Service, First Department (MHLS), 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 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 Margarita C.-R., his mother. The respondent’s sister, Milagros K. A., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The successor guardians 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 petitioner and MHLS.Decree signed.December 27, 2017ESTATE OF ANTONIA DIAZ, Deceased (17/2467) — This is a proceeding for ancillary probate of the decedent’s will dated May 17, 2012, which was admitted to probate by the Surrogate’s Court, County of Ocean, New Jersey, the decedent’s alleged domicile. The petitioner who is the executor and sole beneficiary under the will, was appointed the executor of the decedent’s estate and granted letters testamentary in New Jersey. It appears that the decedent possessed an interest in real property located in Bronx County upon which the will may operate. Accordingly, the will is admitted to ancillary probate (see SCPA 1602) and ancillary letters testamentary shall issue to the petitioner (see SCPA 1604 [1] [b]).Decree signed.December 27, 2017ESTATE OF DAVID L. DEUTSCH, Deceased (17/1633) — In this application by the Public Administrator for letters of administration, an aunt filed a waiver and consent and jurisdiction was obtained over five other alleged distributees without any appearance in opposition. The court dispenses with service, in this proceeding, upon Alfred Deutsch and Paul Deutsch, alleged cousins and distributees of the decedent whose whereabouts are unknown, however jurisdiction shall be obtained over them in any future accounting proceeding.Accordingly, the application is granted and letters of administration shall issue to the petitioner.Submit decree.December 27, 2017ESTATE OF GERDA KAHAN, Deceased (16/665/A) — The administrator, the decedent’s daughter, seeks to allocate and judicially account for the proceeds of causes of action arising from the decedent’s death which were settled after mediation.The decedent died intestate on October 31, 2015, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s other distributees are a spouse and two other daughters. Under the circumstances presented, including the consents of the spouse, two other daughters and the New York State Department of Taxation and Finance, and the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds 50 percent to the wrongful death cause of action and the balance to personal injury.Disbursements, and counsel fees pursuant to Judiciary Law §474-a, are allowed in the sum requested. The sum of $206,572.32 is to be paid to CMS Benefits Coordination & Recovery Center in reimbursement of its Medicare claim for medical assistance provided to the decedent.The net distributable proceeds allocated to wrongful death are to be paid to the spouse. The net distributable proceeds allocated to personal injury are to be paid pursuant to EPTL 4-1.1.Decree signed.December 27, 2017ESTATE OF GILBERT PASCHALL, ALSO KNOWN AS GILBERT DEE PASCHALL, Deceased (15/138/A) — The administrator, the decedent’s daughter, seeks to compromise causes of action arising from the decedent’s death and distribute the settlement proceeds thereof as well as remaining funds belonging to the decedent that are presently held in an estate bank account.The decedent sustained injuries on February 3, 2011 when he was struck by a motor vehicle and died intestate on October 3, 2014. His distributees are the petitioner and a son. Windham Professionals was served with citation seeking to disallow its claim for the balance of an education loan made to the decedent and it defaulted. Under the circumstances presented, including the consents of the son and the New York State Department of Taxation and Finance (NYS Tax), the lack of any other unpaid debts or claims presented herein, and that, the decedent never regained consciousness after the accident, the court grants the request to allocate the recovery equally to the causes of action for personal injury and wrongful death.Disbursements are allowed in the reduced sum of $48,699.35 reflecting the disallowance of certain items normally considered office overhead. Counsel fees are allowed pursuant to the retainer agreement. The following are also to be paid: (1) as requested, the sum of $2,035.47 to NYS Tax in payment of the decedent’s unpaid income tax liability for 2001; (2) the sum of $4,050 to Mario Biaggi, Jr., Esq. pursuant to an order and judgment of the Supreme Court, Bronx County (Malave-Gonzalez, J.); (3) the sum of $500,000 to the New York City Human Resources Administration/DSS in payment of Medicaid and public assistance benefits furnished to the decedent; (4) the sum of $4,053.04 to Workmen’s Circle Multicare Center in payment of medical services furnished to the decedent; and, (5) the sum of $100,000 to Strategic Recovery Partnership Inc. for its supplemental Medicare benefits claim. In addition, as requested, the sum of $116,818.34 is to be paid to CMS Medicare; however, the petitioner proceeds at her own risk with regard to her liability for any other known or unpresented claims by CMS/Medicare (see Matter of Adams, NYLJ, May 15, 2009, at 38, col 4, 5 [Sur Ct, Bronx County 2009]).The net distributable proceeds of the causes of action and other funds are to be paid to the decedent’s children in equal shares.Submit decree.December 27, 2017IN THE MATTER OF THE GUARDIANSHIP OF ISAIAH D. F., Pursuant to SCPA Article 17-A (15/1751/A) — This is an application seeking to amend the decree entered on February 10, 2016 which inter alia, appointed the respondent’s mother as guardian of the person of the respondent, an intellectually disabled person, to the extent of appointing the respondent’s father as co-guardian of the person of the respondent jointly with the respondent’s mother. The court is satisfied that the father is qualified to serve as the respondent’s guardian.Accordingly, this decision constitutes the order of the court amending the decree entered on February 10, 2016 solely to the extent of reflecting that the respondent’s parents shall serve as co-guardians of the person of the respondent, and in all other respects the prior decree remains in full force and effect.The Chief Clerk is directed to mail a copy of this decision and order to the pro se petitioners.Order signed.December 27, 2017ESTATE OF JOSE MERILIO PIMENTEL CASSONOVA, Deceased (11/2136/A) — The administrator, the decedent’s spouse, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.) which are being held in her attorney’s escrow account. The supreme court order, inter alia, directed payment of attorneys’ fees and disbursements.The decedent died intestate on March 6, 2011, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s distributees are five children, one of whom was under 21 at the time of the decedent’s death, who were all cited and defaulted. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts or claims presented that are not being satisfied herein, the court grants the request to allocate the net settlement proceeds to the wrongful death cause of action.The remaining proceeds are to be to the spouse and the youngest child pursuant to the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]), as follows: 81.595 percent to the spouse and 18.405 percent to the youngest child.Submit decree.December 27, 2017ESTATE OF MARIA GRANT, Deceased (14/20/B) — In the prior compulsory accounting proceeding commenced by the Commissioner of the Department of Social Services (DSS), the court issued an order compelling the administrator to judicially settle her account (Matter of Grant, NYLJ, Sep. 25, 2015 at 22, col 5 [Surr Ct, Bronx County]), and despite proof of proper service of the order, the administrator fails to comply. In this proceeding, DSS seeks to revoke the administrator’s letters based upon her noncompliance with the court’s order (SCPA 711) and issuance of letters of administration d.b.n. to the Public Administrator. Jurisdiction is complete and there was no appearance in opposition. Moreover, the Public Administrator consents to the application.Accordingly, the application is granted, the letters of administration that issued to Vanessa Grant are revoked and letters of administration d.b.n. shall issue to the Public Administrator. Notwithstanding the default of the administrator, the decree to be entered hereon shall be settled upon her.Settle decreeDecember 27, 2017IN THE MATTER OF THE GUARDIANSHIP OF MICHAEL I., Pursuant to SCPA Article 17-A (17/429) — 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 on the medical certifications, and based upon the report of Mental Hygiene Legal Service, First Department (MHLS), 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 Blanca C. D., his aunt.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner and MHLS.Decree signed.December 27, 2017ESTATE OF MILDRED KRAMER, Deceased (16/1207/A) — In this proceeding the executor seeks the appointment of estate counsel, who is not a nominated trustee under the instrument, as a testamentary trustee. The will nominates Hudson Valley Bank, N. A. to serve as trustee and it has executed a renunciation of its appointment and consents to the application.The decedent died on January 21, 2016 and her will was admitted to probate by decree of this court dated September 23, 2016. The will provides, inter alia, for the creation of a supplemental needs trust with a 50 percent share of the residuary estate for her son who is under a disability. The decedent’s daughter, who is an equal residuary beneficiary, consents to the application. The guardian ad litem appointed for the son does not object to the application. Jurisdiction was acquired over all other parties including the remaindermen, with no appearance in opposition.In the absence of any opposition, the application is granted to the extent that a decree may be settled issuing letters of successor trusteeship to the executor’s nominee upon his posting a bond in the penal sum of $200,000.Settle decree.December 27, 2017ESTATE OF RODOLFO DAVILA, Deceased (17/2580) — This is a proceeding seeking ancillary probate of the decedent’s will dated August 3, 1998 which was admitted to probate by the Nineteenth Judicial Circuit Court, St. Lucie County, Florida, his alleged domicile. The petitioner, one of the decedent’s daughters, was appointed personal representative of the decedent’s estate. It appears that the decedent possessed an interest in real property in New York which requires administration. Accordingly, the will is entitled to be admitted to ancillary probate (see SCPA 1602), and ancillary letters testamentary shall issue to the petitioner (SCPA 1604 [1] [b]).Decree signed.December 21, 2017IN THE MATTER OF THE GUARDIANSHIP OF TERRANCE H. S., Pursuant to SCPA Article 17-A (09/64/A) — This is an application by the respondent’s brother, Kenneth R., to amend the decree of this court dated August 13, 2009 which, inter alia, appointed another brother, who is now deceased as guardian of the respondent’s person, and appointed the petitioner standby guardian and a third brother as first alternate standby guardian. The petitioner requests that he be appointed the guardian, and based upon the renunciation, waiver and consent of the third brother, that the respondent’s niece be appointed standby guardian.As it appears to be in the best interests of the respondent, and the petitioner and the niece are both qualified to serve as guardian, the application is granted and the decree is amended to reflect that letters of guardianship of the person are awarded to Kenneth R. The decree is further amended to reflect that the respondent’s niece, Kiana R., is appointed standby guardian of the person, the removal of the third brother as first alternate standby guardian and the revocation of the letters of guardianship previously issued to Lawrence S.Amended decree signed.December 27, 2017
