ESTATE OF ARBEN SMAJLAJ, Deceased (13-1245/A) — The administrator, the decedent’s brother who is the designee of the decedent’s parents, his only distributees, seeks to compromise causes of action arising from the decedent’s death and judicially account for the proceeds.The decedent died on February 6, 2013, allegedly as the result of a motor vehicle accident on the same date. Under the circumstances presented, including the consents of the parents, the lack of any opposition by the New York State Department of Taxation and Finance, the lack of any unpaid debts or claims presented herein and that the decedent never regained consciousness after the accident, the court grants the request to allocate the net distributable proceeds to the wrongful death cause of action.Disbursements are allowed in the reduced amount of $1,324.90 after deduction of certain items considered office overhead as well as the deduction of a “disbursement” of $1,800.00 for a “wrongful death compromise attorney.” Attorney’s fees are allowed pursuant to the retainer agreement. The net distributable proceeds are to be paid in equal shares to the parents.Submit decree.January 10, 2018ESTATE OF AUGUSTINE PULSONETTI, Deceased (14-777/C) — In this proceeding to judicially settle the account of the Public Administrator, a kinship hearing was held before a member of the court’s Law Department to hear and report. More than 10 days have elapsed since the mailing of the referee’s report, and no party has moved to modify or overrule the report.After review by the court, the findings of fact and conclusions of law set forth in the report are confirmed, including that: (1) the decedent was survived by four paternal first cousins, namely: Laraine Jaffe, Mary A. Cuozzo, Anthony Granchelli and Sandra M. Granchelli. Each paternal distributee is entitled to one-fourth of the paternal half of the estate or one-eighth of the net distributable estate; and, (2) the decedent was also survived by 11 maternal first cousins, namely: Marie Kirby, Madeline Antonia Schindel, Joseph Anthony Mendola, Rosemarie Mendola. Lillian Elizabeth Todaro, Anthony J. Mendola, Joanne Marie Koepper, Barbara Ann Becker, John Joseph Mendola, Michael Salvatore Mendola, and Robert Salvatore Mendola. Each maternal distributee is entitled to one-eleventh of the maternal half of the estate or one-twenty-second of the net distributable estate.The Public Administrator shall update her account and settle a decree in accordance herewith.Proceed accordingly.January 16, 2018ESTATE OF CARLINE WHITTED, also known as CARLINE R. WHITTED, Deceased (11-2641/A) — The administrator, the decedent’s son, seeks to lift the restrictions contained in his limited letters of administration so that he may distribute and judicially account for the proceeds of a personal injury cause of action.The decedent sustained personal injuries allegedly of nursing home negligence and died on July 12, 2011 of unrelated causes. In addition to the petitioner, the decedent’s distributees are two daughters and a son. The other children and the New York State Department of Taxation consent to the application.Counsel fees and disbursements are allowed as requested. The sum of $9,604 is to be paid to Dwayne Whitted in reimbursement of decedent’s funeral expenses. The sum of $853.70 is to be paid to CMS in reimbursement of its Medicare lien. The sum of $37,414.01 is to be paid to NYC HRA in reimbursement of Medicaid benefits provided to the decedent as stipulated.The net distributable proceeds are to be paid to the decedent’s children in equal shares (see EPTL 4-1.1 [a] [3]).Decree signed.January 16, 2018ESTATE OF HECTOR AGUIAR, also known as HECTOR N. AGUIAR, Deceased (12-2324/A) — The executor, the decedent’s spouse, and sole beneficiary, seeks to compromise causes of action arising from the decedent’s death settled in the Supreme Court, Bronx County (McKeon, J.) and distribute the remaining settlement proceeds which are being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.The decedent died on April 14, 2010, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s distributees are two children who appeared and stated on the record in open court that they do not object to the application. Under the circumstances presented, including the consents of the other distributees 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 80 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The additional sum of $1,000 is to be paid to counsel for the petitioner in reimbursement for the filing fee incurred herein. The net distributable proceeds are to be paid to the spouse.Submit decree.January 16, 2018ESTATE OF HELEN JONES, Deceased (10-766/A) — The administrator, the decedent’s daughter, seeks leave to compromise causes of action arising from events leading to the decedent’s death and distribute the settlement proceeds.The decedent died on January 20, 2010 as a result of alleged medical malpractice. The decedent’s distributees are the petitioner and three other children. Citation issued to the New York City Human Resources Administration (HRA) and a judgment creditor seeking to disallow any claims that they may have against the recovery on the basis of the proposed allocation of the entire recovery to the wrongful death cause of action and the creditor defaulted; however, HRA filed objections. After a conference with the a member of the court’s Law Department, the parties entered into a stipulation withdrawing the objections of HRA upon payment of $60,000 in full satisfaction of HRA’s claim against these proceeds. The children and New York State Department of Taxation and Finance consent to the relief requested.Disbursements are allowed in the reduced sum of $19,119.55, reflecting the elimination of items normally considered law office overhead. Counsel fees in accord with Judiciary Law §474-a are allowed. The sum of $60,000 is to be paid to HRA as stipulated. The net distributable proceeds are to be paid to the children in equal shares.Settle decree.January 16, 2018ESTATE OF IRA FRIEDMAN, Deceased (12-1127/J) — The executor, one of the decedent’s daughters, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos.The decedent died on April 3, 2012. In addition to the petitioner, the decedent’s distributees, all of whom are equal testamentary beneficiaries, are another daughter who post-deceased and a son. Similar applications were approved previously. Under the circumstances presented, including the consents of the son, the executor of the estate of the post-deceased daughter and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate 90% of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the executor, and the funds allocated to wrongful death are to be paid to the three children in equal shares. The share of the post-deceased daughter is to be paid to the duly appointed fiduciary of her estate. The restrictions imposed upon the executor and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.January 10, 2018ESTATE OF JOHN McENERY, also known as JOHN JOSEPH McENERY, and as JOHN J. McENERY, Sr., Deceased (516 P 04/O) — The executor, the decedent’s son, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in his attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.The decedent died on March 17, 2004. His distributees are the petitioner and a post-deceased spouse who is the decedent’s sole testamentary beneficiary. Similar applications were approved previously. Under the circumstances presented, including the consents of the petitioner in his capacity as the executor of the estate of the post-deceased spouse and the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 60 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The proceeds allocated to personal injury are to be paid to the executor of the decedent’s estate. The proceeds allocated to wrongful death are to be paid to the executor of the estate of the post-deceased spouse. The restrictions imposed upon the executor and his counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.January 11, 2018ESTATE OF JUDAH AGYEMANG, Deceased (11-793/A) — This is an application by the administrator, the decedent’s mother, to compromise causes of action arising from the decedent’s death, and to allocate and judicially account for the settlement proceeds.The infant decedent died on November 9, 2009, allegedly as the result of medical malpractice. His distributees are his parents. Under the circumstances presented, including the consent of the father and the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate the entire net settlement proceeds to the wrongful death cause of action.Disbursements, and attorney’s fees pursuant to Judiciary Law § 474-a, are allowed in the sum requested. The sum of $6,736.56 is to be paid to 1199 SEIU pursuant to its right of subrogation against the proceeds.The net distributable proceeds are to be paid equally to the parents.Decree signed.January 10, 2018ESTATE OF KEITH BYE, Deceased (17-2267) — This is a proceeding for the issuance of ancillary letters of administration to the petitioner, the decedent’s mother, who was appointed personal representative of the estate by the Surrogate’s Court, Bergen County, New Jersey, the decedent’s alleged domicile. It appears that the decedent possessed a cause of action in New York which requires administration. Accordingly, ancillary letters of administration, limited by SCPA 702 (1), shall issue to the petitioner (see SCPA 1601, 1607 [3]).Decree signed.January 10, 2018ESTATE OF MORRIS GRUBER, Deceased (07-383/A) — The administrator, the decedent’s daughter and sole distributee, seeks to remove the restrictions from her limited letters of administration and distribute the proceeds of personal injury causes of action.The decedent sustained personal injuries, allegedly as a result of nursing home negligence, and died intestate on November 13, 2006 of unrelated causes. Jurisdiction was obtained over Parker Waichman LLP seeking to reject any claim it may have for attorney’s fees and, on the return date of citation, counsel for the petitioner and Parker Waichman LLP entered into a written stipulation of settlement whereby Parker Waichman is to receive a certain portion of the attorney’s fees sought by petitioner’s counsel.Disbursements and attorney’s fees are allowed in the sums requested, to be shared by counsel pursuant to their written stipulation. Commissions are allowed at the statutory rate. The sum of $2,460 is to be paid to the New York State Department of Taxation and Finance in satisfaction of the decedent’s outstanding real estate tax liability. The sum of $25,000 is to be paid to the New York City Department of Social Services/HRA in reimbursement of its claim for Medicaid assistance provided to the decedent.The net distributable proceeds are to be paid to the daughter.Settle decree.January 10, 2018ESTATE OF NILDA TORRES-ORTIZ, Deceased (14-2077/B) — The administrator, the decedent’s daughter and sole distributee, seeks to remove the restrictions contained on her limited letters of administration so that she may receive and judicially account for the settlement proceeds of personal injury causes of action.The decedent sustained injuries on June 12, 2011, allegedly as the result of negligence, and died intestate on August 20, 2014, 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. The sum of $4,100.25 is to be paid to Edwin Rivera in reimbursement of the decedent’s funeral expenses. The sums of $1,500, $2,800 and $1,000 are to be respectively paid in the manner requested to Concourse Chiropractic, Vista Medical Rehabilitation, P.C. and Lenox Hill Radiology & Medical Imaging Associates, P.C. for their claims for medical services furnished to the decedent. The net distributable proceeds are to be paid to the daughter.Decree signed.January 16, 2018ESTATE OF RICHARD HAUPTNER, also known as RICHARD WARREN HAUPTNER, also known as RICHARD W. HAUPTNER, Deceased (11-2028/J) -The administrator, the decedent’s spouse, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.The decedent died intestate on May 30, 2011. The decedent’s distributees are the petitioner and two sons. Similar applications were approved previously. Under the circumstances presented herein, including the consents of both sons and the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 60 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the administrator and the funds allocated to wrongful death are to be paid to the spouse. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.January 16, 2018ESTATE OF THOMAS CAVUOTO, Deceased (13-2793/A) — The administrator, the decedent’s spouse, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of settlement of a personal injury cause of action.The decedent sustained injuries as a result of alleged medical malpractice and died intestate on May 9, 2013 of unrelated causes. In addition to the petitioner, the decedent’s distributees are two adult children. The children and the New York State Department of Taxation and Finance consent to the application.Disbursements, and counsel fees which are pursuant to Judiciary Law § 474-a, are allowed in the sum requested. The sum of $11,476.75 is to be paid to Paulette Cavuoto in reimbursement of the decedent’s funeral expenses. The sum of $3,985.02 is to be paid to MSPRC in payment of its Medicare claim. The net distributable proceeds are to be paid to the decedent’s distributees pursuant to EPTL 4-1.1(a)(1).Submit decree.January 10, 2018ESTATE OF TOMMIE SANDERS, Deceased (15-1987/B) — In this uncontested proceeding, the executor, one of the decedent’s sons, seeks to judicially settle his account and, inter alia, requests statutory commissions and a reduction of $3,780 from the distributive share of Twinette Thompson, one of the decedent’s daughters and a one-fifth testamentary beneficiary, for the costs incurred in bringing this application. The executor contends that the deduction is warranted because of that daughter’s refusal to consent to an informal account. Consents were filed by three other daughters, while the daughter against whom the reduction is sought defaulted.The decedent died on December 18, 2012 and his will dated January 18, 2010 was admitted to probate by decree dated April 12, 2016. His distributees are the petitioner and four daughters, all of whom are equal residuary beneficiaries, as well as another son who is not a testamentary beneficiary and not cited herein. Previously, this court granted the petitioner’s separate application for advice and direction and permitted him to purchase a condominium owned by the decedent upon the consents of three daughters and the default of the daughter whose share is the subject of the executor’s requested deduction (see SCPA 2310; Matter of Sanders, NYLJ, Mar. 22, 2017 at 25, col 2 [Sur Ct, Bronx County 2017]).In support of the instant application, the petitioner’s attorney notes that: (1) he was already paid $11,717 for 39 hours of services billed at a $300 hourly rate and $498 in costs, $1,967.78 of which the executor was reimbursed; (2) he was also paid $1,250 for closing services upon the sale of the realty; and, (3) an accountant was paid $500 for initial tax work. The account also reflects that the sum of $7,000 for legal services, $280 in costs and $750 for additional accounting services remain outstanding in addition to the services and disbursements incurred in this application, and, although counsel states that this is a final account, he states that there will be additional non-specific accounting and legal services incurred for filing final estate tax returns. Counsel avers that although the estate is relatively modest, extraordinary services were required to marshal the realty and bring the SCPA 2107 proceeding to allow the executor to purchase it for full market value, and the defaulting daughter always refused to communicate with the petitioner or estate counsel. Counsel therefore urges that the estate should not have to bear the additional legal fees and costs incurred because of the repeated “obstructive behavior” of the defaulting daughter.A fiduciary is obligated to account for his or her decisions and actions in administering an estate or trust (see Matter of Hunter, 4 NY3d 260 [2005]; Matter of Lee, 153 AD2d 831 [2nd Dept 2017]; Matter of Lifgren, 36 AD3d 1042 [3d Dept. 2007]). While formal accountings are done in the context of a judicial proceeding, a fiduciary may also account informally by obtaining receipts and releases from interested parties regarding the handling of an estate (see Matter of Wagner, 119 NY 28 [1890]; Matter of Leogrande, 13 Misc 3d 1070 [Sur Ct, Nassau County [2006]). As the decedent’s realty was sold to the executor, commissions are sought and receipts and releases are not filed for all interested parties, the defaulting daughter did not waive her right to a judicial account (see Matter of Leogrande, 13 Misc 3d at 1070).Based upon this state of the record, this decision constitutes the order of the court granting the application to the extent that counsel fees, disbursements and commissions are approved in the sums requested, the request to assess the legal fees and costs incurred in the accounting proceeding solely against the defaulting daughter’s share is denied, and the account, except as to Schedule J which is to be amended in accord with this decision, is allowed. Any additional sums for legal or accounting services not stated therein are denied.Submit decree and proceed accordingly.January 11, 2018ESTATE OF YESENIA CARDONA, also known as YESENIA CARDONA VELEZ, Deceased (13-2224/A) — The administrator, the decedent’s mother, seeks to compromise causes of action arising from the decedent’s death settled in the Supreme Court, Bronx County (Brigantti, J.) and judicially account for the remaining settlement proceeds which are being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and reimbursement of the decedent’s funeral expenses.The decedent died intestate on March 26, 2012, allegedly as the result of medical malpractice. The decedent’s distributees are two children, one of whom was over the age of 21 at the time of the decedent’s death and one of whom was under the age of 21 but is now an adult. Both children consent to the relief requested, including a deviation from the formula enunciated in Matter of Kaiser (198 Misc 2d 582 [Sur Ct, Kings County 1950]) to allow equal distribution to both children. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts presented herein, the court grants the request to allocate the settlement proceeds to the wrongful death cause of action.As requested, the net distributable proceeds are to be paid to the decedent’s children in equal shares.Decree signed.January 9, 2018AdministrationOrder signed; 2017-678/A – Estate of Jamie Colon; Order signed; 2017-1774 – Estate of Kellyanne Caivano; Order signed; 2013-2427/B – Estate of Steven Spagnesi; Order signed; 2017-2598 – Estate of Jennifer Carrero; Decree signed; 2017-2306 – Estate of Daisy Garcia; Decree signed; 2017-2270/A – Estate of Scarletta O Smith; Decree signed; 2017-2896 – Estate of Vicente Jimenez; Decree signed; 2017-2336 – Estate of Rosa Houser; Decree signed; 2017-2267 – Estate of Keith Bye; Decree signed; 2017-2343 – Estate of Larry Thomas; Decree signed; 2017-2345 – Estate of Isabel Rodriguez; Decree signed; 2017-1558 – Estate of Juan Eduardo Simmonds Tigrero ; Decree signed; 2017-2561 – Estate of Miriam Robinson; Decree signed; 2017-904 – Estate of Laniece L Moore; Decree signed; 2017-2406 – Estate of Miriam Schonfeld; Decree signed; 2017-2415 – Estate of Mary Jones; Decree signed; 2017-486 – Estate of Florence Larosa; Decree signed; 2017-799/A – Estate of Sara McFadden; Decree signed; 2017-1738 – Estate of Dora Berkowitz; Decree signed; 2017-2082 – Estate of Monserrate Garcia GuardianshipOrder signed; 2011-2014/A – Estate of Devin Andrew Flores; Order signed; 2017-2584 – Estate of Andy Maurice Sumpter Jr; Decree signed; 2017-357 -Guardianship of Belinda Vazquez; Decree signed; 2017-429 -Guardianship of Michael Ibanez; Decree signed; 2016-2662 -Guardianship of Aaron Keith Elliot Correa ; Decree signed; 2017-989 -Guardianship of Nathali Jorge; Decree signed; 2017-2537 -Guardianship of Ryhanna Ines Keshwar ; Decree signed; 2017-2623 -Guardianship of William Henry Sweet IV AccountingOrder signed; 2015-134/B – Estate of Elaine Roberts; Order signed; 2016-722/B – Estate of Ena Edwards; Order signed; 2015-1987/C – Estate of Tommie Sanders MiscOrder signed; 549P1990/F – Estate of Rose P Himmel; Order signed; 2013-567/A – Estate of Yanique Arevalo; Decree signed; 2011-2227/A – Estate of Betty Vivians; Decree signed; 2012-1434/B – Estate of Alex S Paige; Decree signed; 2011-1457/B – Estate of Thomas Ree Riley III; Decree signed; 2016-2853/A – Estate of Elizabeth Rodriguez; Decree signed; 2013-102/B – Estate of Ignacio Cubano; Decree signed; 2013-2224/A – Estate of Yesenia Cardona ; Decree signed; 2012-1127/J – Estate of Ira Friedman; Decree signed; 2013-1245/A – Estate of Arben Smajlaj; Decree signed; 516P2004/O – Estate of John McEnery ProbateOrder signed; 2017-2866/A – Estate of Frances R Giallorenzi; Order signed; 2017-2880 – Estate of Robert Lee Johnson; Order signed; 2017-236 – Estate of Thomas Smithwick; Order signed; 2017-2828 – Estate of Samuel Baum; Order signed; 2018-22 – Estate of Arcadio Morales; Order signed; 2016-1610/B – Estate of Donato Nubile; Order signed; 2017-2798 – Estate of Betty Panke; Decree signed; 2017-2854 – Estate of Blossom Flohr; Decree signed; 2017-2607 – Estate of Hilde Waring; Decree signed; 2017-579 – Estate of Hector E Sanchez; Decree signed; 2017-2559 – Estate of Michael DiDamo; Decree signed; 2017-1644 – Estate of Bernadette Eileen Wallace ; Decree signed; 2017-2747 – Estate of James A. Hinds; Decree signed; 2016-123/A – Estate of Stephen W Schwartz; Decree signed; 2017-2782 – Estate of Shirley Mack; Decree signed; 2017-2434 – Estate of Jon M. Lorigan; Decree signed; 2017-2696/A – Estate of Mary Ann Murphy; Decree signed; 2017-2696 – Estate of Mary Ann Murphy
