ESTATE OF CHRIS ANN MONTIJO, Deceased (15/2384/B) — The proposed compromise of a cause of action for the conscious pain and suffering of Chris Ann Montijo is granted. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement proceeds and to execute the necessary receipts and releases.Attorney’s fees are approved in the sum of $5,787, disbursements are approved in the sum of $639, and a reimbursement for money loaned to decedent is approved in the sum of $270. The administrator is authorized to pay the sum of $3,000 to Law Cash and the sum of $85 to DHD Medical PC in full satisfaction of their liens.The net proceeds shall be paid to decedent’s distributees as set forth in the petition (EPTL 4-1.1).Decree signed.Dated: January 19, 2018.ESTATE OF NORMAN L. PECK, Deceased (16/1617/D) — This proceeding to compel an accounting by the preliminary executor of the estate of Norman L. Peck has been discontinued pursuant to a stipulation filed with the court. Proceed Accordingly.Dated: January 18, 2018IN THE MATTER OF THE PETITION OF IAN S. PECK, PRIMARY BENEFICIARY OF THE NORMAN L. PECK REVOCABLE TRUST AS AMENDED, TO COMPEL LILIANE PECK AND NANCY HELLER, AS CO-TRUSTEES OF THE NORMAN L. PECK REVOCABLE TRUST, TO RENDER AND SETTLE THE ACCOUNTING OF CO-TRUSTEES, (16/1617/C) — Petitioner, a beneficiary of the Norman L. Peck Revocable Trust, brings this application to compel the co-trustees of such trust to account. At the call of the calendar, co-trustee Lilianne Peck consented to file an interim judicial accounting for the period following the death of the grantor. Co-trustee Nancy Heller appeared but did not contest the proceeding. The petitioner’s application is granted. Liliane Peck and Nancy Heller are directed to file an account of their proceedings, together with a petition for its judicial settlement, within sixty days of service of a copy of this decision with notice of entry.This decision constitutes the order of the court.Dated: January 19, 2018ESTATE OF JOHN THOMAS CREEVY, Deceased (16/3230/A) — In this turnover proceeding, the estate’s administrator seeks possession of decedent’s cooperative apartment, ejectment of its current occupants, Eric Gogue and Carla Mangual, and payments from respondents for their use and occupancy of the premises. When neither respondent appeared at the call of the calendar, the court, by order dated August 28, 2017, directed them to file responsive pleadings, if any, by September 18, 2017. The court also directed the Clerk of the Court to send a copy of such order to each respondent by certified mail. Neither respondent has filed a responsive pleading to date.It is well settled that the Surrogate’s Court has jurisdiction over a proceeding to regain possession of estate property (see Matter of Piccione, 57 NY2d 278 [1982]). Since there is no legal basis for respondents’ remaining in the premises (SCPA 509), the court grants petitioner’s request for turnover of the apartment. The order of ejectment is issued contemporaneously with this decision. The court will schedule a hearing to determine whether petitioner is entitled to use and occupancy charges, and if so, in what amounts. Lastly, petitioner’s request that the court modify the letters of administration to permit him to collect estate assets in an amount not to exceed $500,000 in value is hereby granted.This decision constitutes the order of the Court.Dated: January 16th, 2018
