ESTATE OF BETTY VIVIANS, Deceased (11/2227/A) — The administrator, one of the decedent’s daughters, seeks to lift the restrictions contained in her limited letters of administration so that she may judicially account for the settlement proceeds of personal injury causes of action.The decedent sustained injuries allegedly as the result of medical malpractice in May, 2011 and died intestate on June 12, 2011. In addition to the petitioner, the decedent’s distributees are a post-deceased, son, and three other daughters, one of whom is post-deceased. The other distributees including the petitioner in her capacity as administrator of the estate of the post-deceased spouse and as administrator d.b.n. of the estate of the post-deceased daughter, and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements are allowed in the sum requested. Counsel fees are allowed pursuant to Judiciary Law §474-a. The sum of $31,315.56 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 distributees pursuant to EPTL 4-1.1(a) (1). The shares of the post-deceased spouse and the post-deceased daughter are to be paid to the duly appointed fiduciary of their respective estates.Decree signed.January 8, 2018ESTATE OF DONATO NUBILE, Deceased (16/1610/B) — In this probate proceeding, objections to the propounded instrument have been filed by an alleged daughter of the decedent. A conference will be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA 1411. Proof of service as hereinafter directed shall be filed at least two days before the return date of the citation.The proponent shall cause the issuance of a citation (on the form provided by the court) and serve copies of the citation upon Misbah Qazi who is named the residuary beneficiary under the will and has not appeared in this proceeding. Service of process shall be made by mailing copies of the citation by ordinary mail with U.S. Postal Certificate of Mailing and by Certified Mail, Return Receipt Requested. Service shall be made within the time provided by SCPA 308 and shall be deemed complete provided that the service by ordinary mail is not returned as undeliverable.The proponent shall also serve a copy of this decision, which constitutes the order of the court, and the citation upon the objectant and counsel who has appeared for the nominated executor in the prior will. Respective counsel and any party who desires to be present shall appear on the return date of the citation prepared to discuss the underlying issues and a disclosure schedule.The Chief Clerk shall mail a copy of this decision and order and the form of the citation to counsel for the proponent.Proceed accordingly.January 8, 2018ESTATE OF ELIZABETH RODRIGUEZ, Deceased (16/2853/A) — The administrator, the decedent’s son and sole distributee, seeks to remove the restrictions contained on his limited letters of administration so that he may judicially account and distribute the settlement proceeds of two personal injury causes of action against separate defendants which are being held in his attorney’s escrow account pursuant to an interim decree of this court (see Matter of Rodriguez, NYLJ, Jul, 21, 2017 at 23, col 3 [Sur Ct, Bronx County 2017]).The decedent sustained separate injuries on September 5, 2011 and March 19, 2013, allegedly as the result of negligence, and died intestate on July 11, 2016, of unrelated causes. The New York State Department of Taxation and Finance consents to the application.Counsel fees and disbursements are allowed in the sums requested. The sum of $2,062.30 is to be paid to the New York City Human Resources Administration Liens and Recovery Division for its claim for public assistance furnished to the decedent. The net distributable proceeds are to be paid to the son.Final decree signed.January 8, 2018IN THE MATTER OF THE ADOPTION OF EMMA M. L. Filing Date: December 14, 1923 — This is an application by two of the deceased adoptee’s alleged maternal first cousins once removed seeking access to segregated Surrogate’s Court adoption records dating back to 1923 filed at the County Clerk of the Supreme Court, Bronx County. They aver the records will assist in establishing kinship in an accounting proceeding concerning the estate of the adoptee pending in Surrogate’s Court, Westchester County. Specifically, the petitioners seek information concerning the adoptive father’s siblings to establish that they are the adoptee’s only distributees. They do not request information concerning the adoptee’s birth parents. Alternatively, they request that the court conduct an in camera inspection of the adoption file to assist them in satisfying the diligent search requirement (see SCPA 2225).According to the petitioners, the adoptee never married or had children and she was the only child of the adoptive parents. In support, they annex the death certificates for the adoptee and both adoptive parents, and a copy of this court’s file for the administration proceeding in the adoptive mother’s estate, establishing, inter alia, that the adoptee was the mother’s sole distributee.In New York State, the sealing of adoption records was mandated in 1938, but courts have had discretionary power to seal such records since 1924. Adoption records are sealed pursuant to Domestic Relations Law §114 to protect confidentiality “which is vital to the adoption process,” enable the adoptive parents to form a close bond with their adopted child, protect the adopted child from possibly disturbing information that might be found in his or her records, and allow the state to foster an orderly and supervised adoption system (see Matter of Linda F. M., 52 NY2d at 236 [1981], appeal dismissed 454 US 806 [1981]; Matter of Candy, M.M.M,. 38 Misc 3d 1228 [A]; 2013 NY Slip Op 50312 [U] [Sur Ct, Nassau County 2013]; Matter of Hayden, 106 Misc 2d [Sup Ct, Albany County 1981]).Nonetheless, adoption records may be unsealed pursuant to Domestic Relations Law §114 (2), usually for medical grounds, upon the application of the adoptee or the adoptive parents, after a showing of “good cause” (see Matter of Peter B., 12 Misc 3d 1184 [A], 2006 NY Slip Op 51404 [U] [Sur Ct, Nassau County 2006]). There is no requirement in Domestic Relations Law §114 that the application to access adoption records be made by the adoptee or the adoptive parents (see Matter of Baby Boy “SS,” 276 AD2d 226 [3rd Dept 2001]; Matter of Rocci, 96 AD2d 73 [4th Dept 1983]). Also, good cause has been found for non-medical reasons, such as to establish Hungarian lineage for purposes of citizenship (see Matter of Victor M. I. I., NYLJ, Mar. 30, 2009 at 25, col 1 [Sur Ct, Nassau County 2009]), apply for Turkish citizenship after a close relationship was established with the birth mother (see Matter of S. P., NYLJ, May 13, 2010 at 38, col 3 [Sur Ct, Bronx County 2010]), establish membership in the Hopi Tribe (see Matter of Merri H. F., NYLJ, May 27, 2005, at 5, col 1 [Sur Ct, Kings County 2005]), and provide an adoptee adopted by a step parent with notice of probate in her birth father’s estate (see Matter of Cutler, NYLJ, Nov. 14, 2011 at 28 [Sur Ct, Nassau County 2011]). The court finds that the reason advanced by the petitioners for obtaining access to the adoption file; i.e., to establish kinship in the pending Westchester County accounting proceeding in order to receive a distributive share of the decedent’s estate, constitutes such good cause (see Matter of Victor M.I.I., NYLJ, Mar. 30, 2009 at 25, col 1).Accordingly, the application is granted to the extent that the court conducted an in camera inspection of the adoption file, ascertained that other than the adoptive parents’ names, there was no information concerning their families or other documents that would assist the petitioners, such as birth or marriage records, and directed that the file be sealed and returned to the County Clerk of the Supreme Court, Bronx County; otherwise, the application is denied.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to counsel for the petitioners.December 20, 2017ESTATE OF GERALDINE BISHOP, Deceased (17/2300) — On the return date of this application for letters of administration by the decedent’s son, the decedent’s daughter and only other distributee appeared and, subsequently, she filed objections. Prior to the next adjourned date, the parties agreed that the son and daughter would serve jointly, and the son amended his petition to serve jointly with the daughter.Accordingly, based upon the amended petition and the oath and designation filed by the daughter, the daughter’s objections are marked “withdrawn,” and letters of administration shall issue to the son and daughter jointly, subject to SCPA 805 (3) with respect to the decedent’s real property.Settle decree.January 8, 2018ESTATE OF IGNACIO CUBANO, Deceased (13/102/B) — The administrator, one of the decedent’s daughters, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.The decedent died intestate on December 13, 2012, allegedly as the result of injuries sustained when he was struck by a motor vehicle while a pedestrian. In addition to the petitioner, his distributees are a spouse and two other children. All three children were over the age of 21 on the date of the decedent’s death. Under the circumstances presented, including the consents of the other distributees and the New York State Department of Taxation and Finance, the lack of any unpaid debts or claims presented herein and that the decedent died at the accident scene, the court grants the request to allocate $200,000 of the recovery to the personal injury cause of action and the balance to the wrongful death cause of action.Counsel fees and disbursements are allowed in the sum requested. The net distributable proceeds allocated to personal injury are to be paid to the decedent’s distributees pursuant to EPTL 4-1.1(a) (1). The net distributable proceeds allocated to wrongful death are to be paid to the spouse.Decree signed.January 8, 2018ESTATE OF ISMAEL A. ESTRELLA ROSA, Deceased (17/1942/A) — The administrator, the decedent’s daughter, seeks to remove the restrictions contained on her limited letters of administration so that she may receive the settlement proceeds of causes of action.The decedent sustained injuries on November 22, 2013 when he was struck by a motor vehicle as a bicyclist and died intestate on November 23, 2013. His distributees are the petitioner, a spouse and a son. Both children were over the age of 21 on the date of death. The decedent’s spouse, son and the New York State Department of Taxation and Finance consent to the application.Inasmuch as seven months have not expired since the date of issuance of letters of administration, the court cannot authorize distribution or direct allocation of the settlement proceeds; however, the restrictions are lifted to permit the receipt of the settlement proceeds by trial counsel who is to hold them in a segregated interest-bearing escrow account until further order of this court.Submit order.January 8, 2018ESTATE OF ISRAEL CABAN JIMENEZ, Deceased (16/2271/A) — The administrator, the decedent’s spouse and sole distributee, seeks to lift the restrictions on her limited letters of administration so that she may receive and distribute the settlement proceeds of a personal injury cause of action.The decedent sustained personal injuries in a fall on January 21, 2014 and died intestate on April 17, 2016 of unrelated causes. The New York State Department of Taxation and Finance consents to the application.Counsel fees and disbursements are allowed in the sum requested. Citation issued to an alleged funeral creditor in Puerto Rico and there was no appearance in opposition. The sum of $20,000 is to be paid to Applied Underwriters for its workers compensation claim. The net distributable proceeds are to be paid to the spouse.Submit decree.January 2, 2018ESTATE OF MARGARET ELIZABETH KIMMEL, Deceased (17/2327) — This is a proceeding for ancillary letters testamentary by the decedent’s son who is the executor of the decedent’s will dated October 1, 2012, which was admitted to probate by the Circuit Court, Bath County, Virginia, the decedent’s domicile. It appears that the decedent possessed an interest in realty in Bronx County which requires administration. Accordingly, the will is admitted to ancillary probate (SCPA 1602), and ancillary letters testamentary subject to the limitations of SCPA 805 (3) shall issue to the petitioner (SCPA 1604 [1] [b]).Decree signed.January 2, 2018ESTATE OF MARIE VERNA, Deceased (17/1797) — On the return date of a supplemental citation issued by an alleged creditor seeking the issuance of limited letters of administration to the Public Administrator, the decedent’s daughter and only distributee was cited and defaulted. The Public Administrator appeared and consented to the application on the record in open court. Accordingly, the application is granted and letters of administration limited in the manner requested shall issue to the Public Administrator.Settle decree.January 2, 2018ESTATE OF MICHAEL DIDAMO, Deceased (17/2559) — This is an uncontested SCPA 1407 proceeding to probate, as a lost will, a photocopy of a will dated June 4, 2011. The propounded instrument was not attorney drafted or supervised, it is witnessed by three witnesses, contains an attestation clause, and each of the three witnesses separately executed a witness affidavit after the decedent’s death. The decedent’s niece and nephew, his only distributees who receive nothing under the instrument, filed waivers and consents to the application.The decedent died on June 12, 2017 at the age of 85. He was predeceased by his spouse and only child. The propounded instrument leaves the entire residuary estate to two charities. In support of the application, counsel for the petitioner filed an affirmation alleging, inter alia, that: the proponent and the three witnesses were all long time friends of the decedent who stated to them many times that he wanted his estate to go to the two charities which perform work relating to his son who died at age 17 of muscular dystrophy; after the decedent’s death, one of the witnesses took the original instrument for photocopying and was unable to find the original instrument; and, all distributees consent to the application.Two of the witnesses, who are married and the decedent’s longtime friends and neighbors and spent holidays with the decedent, submitted affidavits stating, inter alia, that on the date of execution the proponent knocked on their door asking them to witness the decedent execute the instrument; and, during the time they knew the decedent and at the time of execution of the instrument, the decedent stated repeatedly that he wanted his estate to go to the two charities. The remaining attesting witness avers, inter alia, that he kept the original instrument after its execution to make copies and, thereafter, was unable to locate the original instrument. He also states, inter alia, that no pages were added, deleted or substituted during the time the staple was removed for photocopying. In her affidavit, the proponent adds that she and the decedent were friends for over 50 years; the third witness mailed copies of the original instrument to her and the decedent; prior to his death when she visited the decedent in the hospital he would remind her that his will was on his dining room table at his home; and, upon his death, the superintendent allowed her to enter the decedent’s apartment where she found his copy of the will on the dining room table as he described.Here, the original instrument was lost by one attesting witness who kept it after execution in order to make copies. As the original will 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 June 4, 2011 was not revoked by the decedent during his lifetime (see SCPA 1407 [1]).The court is further satisfied that the 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 32.1; 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 (SCPA 1407 [3]).Accordingly, a decree has been entered admitting to probate, as a lost will, the photocopy of the will dated June 4, 2011.Decree signed.January 8, 2018ESTATE OF MIRIAM ROBINSON, also known as MIRIAM LORETTA ROBINSON, Deceased (17/2561) — On the return date of citation in this proceeding for the issuance of letters of administration to a son of the decedent, consents were filed for a daughter and another son, two other children appeared and consented to the application on the record, and jurisdiction was obtained over three grandchildren, without opposition. Accordingly, in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner subject to the provisions of SCPA 805 (3) with regard to the disposition of any real property.Submit decree.January 8, 2018IN THE MATTER OF THE GUARDIANSHIP OF NATHALI J., Pursuant to SCPA Article 17-A (14/163) — 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, the respondent and Mental Hygiene Legal Service, First Department (MHLS) 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, proposed standby guardian and first alternate 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 Marione S., her mother. The respondent’s father, Rafael A. J., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The respondent’s sister, Yraks S., is appointed first alternate standby guardian to serve when neither the primary guardian 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 petitioner and MHLS.Decree signed.January 3, 2018ESTATE OF ROSALIND GLOVER, Deceased (15/2649/A) — The administrator, the decedent’s son, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and distribute the settlement proceeds of a personal injury cause of action.The decedent sustained injuries as a result of a slip and fall that occurred on July 19, 2011 and died of unrelated causes on September 7, 2015. The decedent’s only other distributee, a daughter, and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements are allowed in the reduced sum of $23,670.25, reflecting the elimination of items considered law office overhead. Counsel fees are allowed in accord with the retainer agreement. The sum of $9,952.00 is to be paid to Margaree Robinson in reimbursement of the decedent’s funeral expenses. The sum of $403.32 is to be paid to Medicare in satisfaction of its claim against these proceeds. The sum of $9,205.99 is to be paid to New York City HRA/ Department of Social Services in satisfaction of its Medicaid lien. As requested, the sum of $34,956.45 is to be paid to Plaintiff Funding Holding, Inc., in repayment of advances made to the decedent. The net distributable proceeds are to be equally to the decedent’s children (EPTL 4-1.1 [a] [3]).Decree signed.December 27, 2017Surrogate Malave-GonzalezESTATE OF BETTY VIVIANS, Deceased (11/2227/A) — The administrator, one of the decedent’s daughters, seeks to lift the restrictions contained in her limited letters of administration so that she may judicially account for the settlement proceeds of personal injury causes of action.The decedent sustained injuries allegedly as the result of medical malpractice in May, 2011 and died intestate on June 12, 2011. In addition to the petitioner, the decedent’s distributees are a post-deceased, son, and three other daughters, one of whom is post-deceased. The other distributees including the petitioner in her capacity as administrator of the estate of the post-deceased spouse and as administrator d.b.n. of the estate of the post-deceased daughter, and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements are allowed in the sum requested. Counsel fees are allowed pursuant to Judiciary Law §474-a. The sum of $31,315.56 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 distributees pursuant to EPTL 4-1.1(a) (1). The shares of the post-deceased spouse and the post-deceased daughter are to be paid to the duly appointed fiduciary of their respective estates.Decree signed.January 8, 2018ESTATE OF DONATO NUBILE, Deceased (16/1610/B) — In this probate proceeding, objections to the propounded instrument have been filed by an alleged daughter of the decedent. A conference will be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA 1411. Proof of service as hereinafter directed shall be filed at least two days before the return date of the citation.The proponent shall cause the issuance of a citation (on the form provided by the court) and serve copies of the citation upon Misbah Qazi who is named the residuary beneficiary under the will and has not appeared in this proceeding. Service of process shall be made by mailing copies of the citation by ordinary mail with U.S. Postal Certificate of Mailing and by Certified Mail, Return Receipt Requested. Service shall be made within the time provided by SCPA 308 and shall be deemed complete provided that the service by ordinary mail is not returned as undeliverable.The proponent shall also serve a copy of this decision, which constitutes the order of the court, and the citation upon the objectant and counsel who has appeared for the nominated executor in the prior will. Respective counsel and any party who desires to be present shall appear on the return date of the citation prepared to discuss the underlying issues and a disclosure schedule.The Chief Clerk shall mail a copy of this decision and order and the form of the citation to counsel for the proponent.Proceed accordingly.January 8, 2018ESTATE OF ELIZABETH RODRIGUEZ, Deceased (16/2853/A) — The administrator, the decedent’s son and sole distributee, seeks to remove the restrictions contained on his limited letters of administration so that he may judicially account and distribute the settlement proceeds of two personal injury causes of action against separate defendants which are being held in his attorney’s escrow account pursuant to an interim decree of this court (see Matter of Rodriguez, NYLJ, Jul, 21, 2017 at 23, col 3 [Sur Ct, Bronx County 2017]).The decedent sustained separate injuries on September 5, 2011 and March 19, 2013, allegedly as the result of negligence, and died intestate on July 11, 2016, of unrelated causes. The New York State Department of Taxation and Finance consents to the application.Counsel fees and disbursements are allowed in the sums requested. The sum of $2,062.30 is to be paid to the New York City Human Resources Administration Liens and Recovery Division for its claim for public assistance furnished to the decedent. The net distributable proceeds are to be paid to the son.Final decree signed.January 8, 2018IN THE MATTER OF THE ADOPTION OF EMMA M. L. Filing Date: December 14, 1923 — This is an application by two of the deceased adoptee’s alleged maternal first cousins once removed seeking access to segregated Surrogate’s Court adoption records dating back to 1923 filed at the County Clerk of the Supreme Court, Bronx County. They aver the records will assist in establishing kinship in an accounting proceeding concerning the estate of the adoptee pending in Surrogate’s Court, Westchester County. Specifically, the petitioners seek information concerning the adoptive father’s siblings to establish that they are the adoptee’s only distributees. They do not request information concerning the adoptee’s birth parents. Alternatively, they request that the court conduct an in camera inspection of the adoption file to assist them in satisfying the diligent search requirement (see SCPA 2225).According to the petitioners, the adoptee never married or had children and she was the only child of the adoptive parents. In support, they annex the death certificates for the adoptee and both adoptive parents, and a copy of this court’s file for the administration proceeding in the adoptive mother’s estate, establishing, inter alia, that the adoptee was the mother’s sole distributee.In New York State, the sealing of adoption records was mandated in 1938, but courts have had discretionary power to seal such records since 1924. Adoption records are sealed pursuant to Domestic Relations Law §114 to protect confidentiality “which is vital to the adoption process,” enable the adoptive parents to form a close bond with their adopted child, protect the adopted child from possibly disturbing information that might be found in his or her records, and allow the state to foster an orderly and supervised adoption system (see Matter of Linda F. M., 52 NY2d at 236 [1981], appeal dismissed 454 US 806 [1981]; Matter of Candy, M.M.M,. 38 Misc 3d 1228 [A]; 2013 NY Slip Op 50312 [U] [Sur Ct, Nassau County 2013]; Matter of Hayden, 106 Misc 2d [Sup Ct, Albany County 1981]).Nonetheless, adoption records may be unsealed pursuant to Domestic Relations Law §114 (2), usually for medical grounds, upon the application of the adoptee or the adoptive parents, after a showing of “good cause” (see Matter of Peter B., 12 Misc 3d 1184 [A], 2006 NY Slip Op 51404 [U] [Sur Ct, Nassau County 2006]). There is no requirement in Domestic Relations Law §114 that the application to access adoption records be made by the adoptee or the adoptive parents (see Matter of Baby Boy “SS,” 276 AD2d 226 [3rd Dept 2001]; Matter of Rocci, 96 AD2d 73 [4th Dept 1983]). Also, good cause has been found for non-medical reasons, such as to establish Hungarian lineage for purposes of citizenship (see Matter of Victor M. I. I., NYLJ, Mar. 30, 2009 at 25, col 1 [Sur Ct, Nassau County 2009]), apply for Turkish citizenship after a close relationship was established with the birth mother (see Matter of S. P., NYLJ, May 13, 2010 at 38, col 3 [Sur Ct, Bronx County 2010]), establish membership in the Hopi Tribe (see Matter of Merri H. F., NYLJ, May 27, 2005, at 5, col 1 [Sur Ct, Kings County 2005]), and provide an adoptee adopted by a step parent with notice of probate in her birth father’s estate (see Matter of Cutler, NYLJ, Nov. 14, 2011 at 28 [Sur Ct, Nassau County 2011]). The court finds that the reason advanced by the petitioners for obtaining access to the adoption file; i.e., to establish kinship in the pending Westchester County accounting proceeding in order to receive a distributive share of the decedent’s estate, constitutes such good cause (see Matter of Victor M.I.I., NYLJ, Mar. 30, 2009 at 25, col 1).Accordingly, the application is granted to the extent that the court conducted an in camera inspection of the adoption file, ascertained that other than the adoptive parents’ names, there was no information concerning their families or other documents that would assist the petitioners, such as birth or marriage records, and directed that the file be sealed and returned to the County Clerk of the Supreme Court, Bronx County; otherwise, the application is denied.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to counsel for the petitioners.December 20, 2017ESTATE OF GERALDINE BISHOP, Deceased (17/2300) — On the return date of this application for letters of administration by the decedent’s son, the decedent’s daughter and only other distributee appeared and, subsequently, she filed objections. Prior to the next adjourned date, the parties agreed that the son and daughter would serve jointly, and the son amended his petition to serve jointly with the daughter.Accordingly, based upon the amended petition and the oath and designation filed by the daughter, the daughter’s objections are marked “withdrawn,” and letters of administration shall issue to the son and daughter jointly, subject to SCPA 805 (3) with respect to the decedent’s real property.Settle decree.January 8, 2018ESTATE OF IGNACIO CUBANO, Deceased (13/102/B) — The administrator, one of the decedent’s daughters, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.The decedent died intestate on December 13, 2012, allegedly as the result of injuries sustained when he was struck by a motor vehicle while a pedestrian. In addition to the petitioner, his distributees are a spouse and two other children. All three children were over the age of 21 on the date of the decedent’s death. Under the circumstances presented, including the consents of the other distributees and the New York State Department of Taxation and Finance, the lack of any unpaid debts or claims presented herein and that the decedent died at the accident scene, the court grants the request to allocate $200,000 of the recovery to the personal injury cause of action and the balance to the wrongful death cause of action.Counsel fees and disbursements are allowed in the sum requested. The net distributable proceeds allocated to personal injury are to be paid to the decedent’s distributees pursuant to EPTL 4-1.1(a) (1). The net distributable proceeds allocated to wrongful death are to be paid to the spouse.Decree signed.January 8, 2018ESTATE OF ISMAEL A. ESTRELLA ROSA, Deceased (17/1942/A) — The administrator, the decedent’s daughter, seeks to remove the restrictions contained on her limited letters of administration so that she may receive the settlement proceeds of causes of action.The decedent sustained injuries on November 22, 2013 when he was struck by a motor vehicle as a bicyclist and died intestate on November 23, 2013. His distributees are the petitioner, a spouse and a son. Both children were over the age of 21 on the date of death. The decedent’s spouse, son and the New York State Department of Taxation and Finance consent to the application.Inasmuch as seven months have not expired since the date of issuance of letters of administration, the court cannot authorize distribution or direct allocation of the settlement proceeds; however, the restrictions are lifted to permit the receipt of the settlement proceeds by trial counsel who is to hold them in a segregated interest-bearing escrow account until further order of this court.Submit order.January 8, 2018ESTATE OF ISRAEL CABAN JIMENEZ, Deceased (16/2271/A) — The administrator, the decedent’s spouse and sole distributee, seeks to lift the restrictions on her limited letters of administration so that she may receive and distribute the settlement proceeds of a personal injury cause of action.The decedent sustained personal injuries in a fall on January 21, 2014 and died intestate on April 17, 2016 of unrelated causes. The New York State Department of Taxation and Finance consents to the application.Counsel fees and disbursements are allowed in the sum requested. Citation issued to an alleged funeral creditor in Puerto Rico and there was no appearance in opposition. The sum of $20,000 is to be paid to Applied Underwriters for its workers compensation claim. The net distributable proceeds are to be paid to the spouse.Submit decree.January 2, 2018ESTATE OF MARGARET ELIZABETH KIMMEL, Deceased (17/2327) — This is a proceeding for ancillary letters testamentary by the decedent’s son who is the executor of the decedent’s will dated October 1, 2012, which was admitted to probate by the Circuit Court, Bath County, Virginia, the decedent’s domicile. It appears that the decedent possessed an interest in realty in Bronx County which requires administration. Accordingly, the will is admitted to ancillary probate (SCPA 1602), and ancillary letters testamentary subject to the limitations of SCPA 805 (3) shall issue to the petitioner (SCPA 1604 [1] [b]).Decree signed.January 2, 2018ESTATE OF MARIE VERNA, Deceased (17/1797) — On the return date of a supplemental citation issued by an alleged creditor seeking the issuance of limited letters of administration to the Public Administrator, the decedent’s daughter and only distributee was cited and defaulted. The Public Administrator appeared and consented to the application on the record in open court. Accordingly, the application is granted and letters of administration limited in the manner requested shall issue to the Public Administrator.Settle decree.January 2, 2018ESTATE OF MICHAEL DIDAMO, Deceased (17/2559) — This is an uncontested SCPA 1407 proceeding to probate, as a lost will, a photocopy of a will dated June 4, 2011. The propounded instrument was not attorney drafted or supervised, it is witnessed by three witnesses, contains an attestation clause, and each of the three witnesses separately executed a witness affidavit after the decedent’s death. The decedent’s niece and nephew, his only distributees who receive nothing under the instrument, filed waivers and consents to the application.The decedent died on June 12, 2017 at the age of 85. He was predeceased by his spouse and only child. The propounded instrument leaves the entire residuary estate to two charities. In support of the application, counsel for the petitioner filed an affirmation alleging, inter alia, that: the proponent and the three witnesses were all long time friends of the decedent who stated to them many times that he wanted his estate to go to the two charities which perform work relating to his son who died at age 17 of muscular dystrophy; after the decedent’s death, one of the witnesses took the original instrument for photocopying and was unable to find the original instrument; and, all distributees consent to the application.Two of the witnesses, who are married and the decedent’s longtime friends and neighbors and spent holidays with the decedent, submitted affidavits stating, inter alia, that on the date of execution the proponent knocked on their door asking them to witness the decedent execute the instrument; and, during the time they knew the decedent and at the time of execution of the instrument, the decedent stated repeatedly that he wanted his estate to go to the two charities. The remaining attesting witness avers, inter alia, that he kept the original instrument after its execution to make copies and, thereafter, was unable to locate the original instrument. He also states, inter alia, that no pages were added, deleted or substituted during the time the staple was removed for photocopying. In her affidavit, the proponent adds that she and the decedent were friends for over 50 years; the third witness mailed copies of the original instrument to her and the decedent; prior to his death when she visited the decedent in the hospital he would remind her that his will was on his dining room table at his home; and, upon his death, the superintendent allowed her to enter the decedent’s apartment where she found his copy of the will on the dining room table as he described.Here, the original instrument was lost by one attesting witness who kept it after execution in order to make copies. As the original will 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 June 4, 2011 was not revoked by the decedent during his lifetime (see SCPA 1407 [1]).The court is further satisfied that the 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 32.1; 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 (SCPA 1407 [3]).Accordingly, a decree has been entered admitting to probate, as a lost will, the photocopy of the will dated June 4, 2011.Decree signed.January 8, 2018ESTATE OF MIRIAM ROBINSON, also known as MIRIAM LORETTA ROBINSON, Deceased (17/2561) — On the return date of citation in this proceeding for the issuance of letters of administration to a son of the decedent, consents were filed for a daughter and another son, two other children appeared and consented to the application on the record, and jurisdiction was obtained over three grandchildren, without opposition. Accordingly, in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner subject to the provisions of SCPA 805 (3) with regard to the disposition of any real property.Submit decree.January 8, 2018IN THE MATTER OF THE GUARDIANSHIP OF NATHALI J., Pursuant to SCPA Article 17-A (14/163) — 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, the respondent and Mental Hygiene Legal Service, First Department (MHLS) 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, proposed standby guardian and first alternate 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 Marione S., her mother. The respondent’s father, Rafael A. J., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The respondent’s sister, Yraks S., is appointed first alternate standby guardian to serve when neither the primary guardian 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 petitioner and MHLS.Decree signed.January 3, 2018ESTATE OF ROSALIND GLOVER, Deceased (15/2649/A) — The administrator, the decedent’s son, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and distribute the settlement proceeds of a personal injury cause of action.The decedent sustained injuries as a result of a slip and fall that occurred on July 19, 2011 and died of unrelated causes on September 7, 2015. The decedent’s only other distributee, a daughter, and the New York State Department of Taxation and Finance consent to the relief requested.Disbursements are allowed in the reduced sum of $23,670.25, reflecting the elimination of items considered law office overhead. Counsel fees are allowed in accord with the retainer agreement. The sum of $9,952.00 is to be paid to Margaree Robinson in reimbursement of the decedent’s funeral expenses. The sum of $403.32 is to be paid to Medicare in satisfaction of its claim against these proceeds. The sum of $9,205.99 is to be paid to New York City HRA/ Department of Social Services in satisfaction of its Medicaid lien. As requested, the sum of $34,956.45 is to be paid to Plaintiff Funding Holding, Inc., in repayment of advances made to the decedent. The net distributable proceeds are to be equally to the decedent’s children (EPTL 4-1.1 [a] [3]).Decree signed.December 27, 2017
