ESTATE OF STEPHEN A. MITCHELL, Deceased (01/194/A/B) — This is an uncontested application to remove a co-trustee of a trust under the will of Stephen A. Mitchell and to appoint a successor trustee. Petitioner, the co-trustee of such trust as well as a trust beneficiary, alleges that her relationship with respondent has deteriorated to such an extent that communication between them is non-existent. Petitioner seeks respondent’s removal and the appointment of her designee, Sally Donaldson, as successor co-trustee. All other trust beneficiaries have consented to respondent’s removal and the appointment of Donaldson. At the call of the calendar, respondent failed to appear.During the course of the proceeding, it came to the court’s attention that respondent had changed his address of record without notifying the court, as required by SCPA 711(6). In addition, it appears that respondent on numerous occasions evaded personal service of the citation in this proceeding. Petitioner attempted to serve respondent personally at both his former and current residential addresses, as well as at his business address. Evidence in the court’s file indicates that respondent was intentionally avoiding personal service.In light of respondent’s default, his failure to notify the court of his change of address (SCPA 711[6]), and his failure to make himself available for personal service (SCPA 719[2]; Flaum v. Birnbaum, 191 AD2d 227 [1st Dept 1993]), the letters of trusteeship previously issued to Neil Altman are hereby revoked.Decree signed appointing Sally Donaldson as successor trustee.Dated: January 3, 2018ESTATE OF SAIDE L. HART, Deceased (66/5223/B,D) — At the call of the calendar, this application for the division of a testamentary trust under the will of Saide Hart into two trusts and the appointment of trustees for each of the trusts was granted subject to the report of the guardian ad litem appointed for an infant beneficiary. The guardian ad litem has since reported and interposed no objection on behalf of her ward.Decree signed dividing the Saide Hart Estate Trust A into two separate trusts, to be known as Saide Hart Estate Trust A #1 and Saide Hart Estate Trust A #2 and appointing Deutsche Bank Trust Company, N. A., and John Youmans as trustees of Saide Hart Estate Trust A #1 and Craig C. Youmans and Comerica Bank and Trust, N.A., as trustees of Saide Hart Estate Trust A #2.Decree signed.Dated: January 3, 2018ESTATE OF SAIDE L. HART, Deceased (66/5223/A,C) — At the call of the calendar, this application for the division of a testamentary trust under the will of Saide Hart into two trusts and the appointment of trustees for each of the trusts was granted subject to the report of the guardian ad litem appointed for an infant beneficiary. The guardian ad litem has since reported and interposed no objection on behalf of her ward.Decree signed dividing the Saide Hart Estate Trust F into two separate trusts, to be known as Saide Hart Estate Trust F#1 and Saide Hart Estate Trust F #2 and appointing Deutsche Bank Trust Company, N. A.,, and John Youmans as trustees of Saide Hart Estate Trust F #1 and Craig C. Youmans and Comerica Bank and Trust, N.A., as trustees of Saide Hart Estate Trust F #2.Decree signed.Dated: January 3, 2018Surrogate MellaEstate of SAMANTHA COHN, Deceased (10/0847/B/C/D) — The petition of Sanford Cohn, limited administrator of the estate of Samantha Cohn, for:(1) an order allocating 100% of the net proceeds of settlement — approved by a March 28, 2017 order of the New York County Supreme Court — of causes of action related to decedent’s conscious pain and suffering and wrongful death against several defendants, and (2) a decree settling his account is granted. Petitioner has waived commissions and reimbursement for funeral expenses. The net proceeds of settlement — after payment of the attorneys fees and disbursements fixed in the March 28, 2017 order of the New York County Supreme Court — shall be distributed equally to decedent’s two distributees: petitioner, individually, and Gail Cohn, decedent’s mother.Accounting decree signed.Dated: January 3, 2018ESTATE OF TERRENCE TIAM-FOOK, Deceased (12/4435/B/C/D) — By order dated December 21, 2016, as modified by an order dated March 24, 2017, the Supreme Court, New York County, approved the compromise of the underlying action by the administrator of the estate of Terrence Tiam-Fook to recover for decedent’s conscious pain and suffering and wrongful death (EPTL 5-4.6[a]). Those orders also fixed and determined the fees and disbursements of the administrator’s attorney, authorized the payment of Medicaid and Medicare liens, allowed petitioner to be reimbursed for certain expenses, and directed placement of the balance of the compromise funds in an interest-bearing escrow account, authorizing payment of attorney’s fees and disbursements upon the filing of this petition to allocate, account for, and distribute the proceeds.1The administrator waives commissions and no reimbursement is sought for the expense of decedent’s funeral. The petition seeks to allocate the proceeds 100% to the cause of action for wrongful death and to distribute the proceeds in equal shares to decedent’s six siblings. The New York State Department of Taxation and Finance has also provided its waiver and consent, as have decedent’s other siblings. There is no opposition.The court approves the relief requested. The petition is granted, and the account is settled.The restrictions on the letters issued by this court are removed, and the administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required.The net settlement proceeds shall be paid as set forth in the decree (EPTL 5-4.4[a]; 4- 1.1 [a][5]).Decree settling the administrators’ account signed.Dated: January 3, 20181. Although the administrator’s petition also seeks the relief of approving this compromise in this proceeding, that is not necessary because it was approved by the orders of the Supreme Court.ESTATE OF JULIETTE MARIE CALAYAG PRALLE, Deceased (16/3371/A) — This discovery proceeding, commenced by order to attend, having been adjourned by the parties on or before the return date on several occasions, and most recently scheduled for January 12, 2018, has now been discontinued by the parties in a Stipulation of Discontinuance With Prejudice filed with the court on November 9, 2017 (see CPLR 3217[a] and section 207.24 of the Uniform Rules for the Surrogate’s Court).The proceeding presently scheduled for January 12, 2018 calendar shall be marked “discontinued.” Proceed accordingly.Dated: January 3, 2018
