ESTATE OF ARTHUR LUCENTI, Deceased (17/1789) — In this application by a nephew of the decedent for the issuance of letters of administration, five other distributees, a nephew, two great-nephews and two great-nieces consented to the application and citation issued to the fiduciary of the estate of the decedent’s post-deceased brother and another nephew who is alleged to be under a disability, without any appearance in opposition. It would appear that if the disability caused the nephew’s default, he would be ineligible to serve as the fiduciary of the estate. Of course, if appropriate, a guardian ad litem shall be appointed for the nephew in any future accounting or other appropriate proceeding.Accordingly, in the absence of any appearance in opposition, letters of administration shall issue to the petitioner upon the posting of a bond in the penal sum of $230,000.Submit decree.January 22, 2018MATTER OF BARTOLOMEI IRREVOCABLE TRUST (17/2471/A) — In this compulsory accounting proceeding commenced by a trust beneficiary, counsel for the trustee appeared and consented to the entry of a 60-day order.Accordingly, the respondent is directed to file her account, a petition for its judicial settlement, and all of the papers required to obtain the issuance of a citation in the accounting proceeding within sixty (60) days of the personal service upon her of a certified copy of the order to be entered hereon. The respondent shall then, without delay, cause the citation to be served upon all parties required to be served in an accounting proceeding pursuant to SCPA 2210, and appear before the court from time to time as required for the purpose of the settlement of her account.Settle order.January 18, 2018ESTATE OF CLAIRE PINE, Deceased (11/257/A) — The administrator, the decedent’s daughter, seeks leave to lift the restrictions contained in her limited letters so that she may distribute the remaining settlement proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.), which are being held in her attorney’s escrow account. The supreme court order, inter alia, awarded attorney fees and disbursements.The decedent sustained injuries on September 18, 2010 as a result of alleged ambulette negligence and died October 17, 2010. In addition to the petitioner, the decedent’s distributees are a son and another daughter. Citation issued to Medicare, the New York City Human Resources Administration (HRA), an alleged creditor and the son, 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 HRA and the creditor defaulted; however, the son appeared on the return date, and Medicare consented to a reduction of its claim. Thereafter, the son and counsel for the petitioner entered into a stipulation permitting the son to receive a portion of the commissions in lieu of filing objections. The children consent to the amended application and the New York State Department of Taxation and Finance does not oppose the relief requested.The sum of $22,000 shall be paid to the petitioner in reimbursement of the decedent’s funeral expenses. The sum of $30,000 is to be paid to Medicare in satisfaction of its claim as consented by all interested parties. The net distributable proceeds are to be paid in the manner requested, including the additional amount to the son, as stipulated.Submit decree.January 17, 2018ESTATE OF DOROTHY RICHARDSON, Deceased (17/726) — In this administration proceeding commenced by a son of the decedent, another son filed objections. After a conference with a member of the court’s Law Department, the sons consented to the appointment of their respective counsel as co-administrators. In addition, respective counsel agreed to serve jointly and waive any statutory commissions. Accordingly, the amended application is granted and letters of administration shall issue jointly to counsel for the sons.Submit decree.January 18, 2018IN THE MATTER OF THE GUARDIANSHIP OF EFRAIN R., Jr., Pursuant to SCPA Article 17-A (17/1004) — 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 and the respondent were present, 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 the 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 Carmen R. L., his grandmother. The respondent’s father, Efrain R., Sr., is appointed standby guardian to serve when the primary guardian is unable to do so. The successor guardian shall assume the duties of his office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioner.Decree signed.January 17, 2018ESTATE OF ERICK VIELOT, Deceased (12/1006/C) — In this contested accounting proceeding, the objectants, three of the decedent’s children, served and filed a note of issue, certificate of readiness and statement of issues.Accordingly, the matter will appear on the February 22, 2018 ready-for-trial calendar of the court for a pre-trial conference. All counsel shall attend the conference prepared to discuss the issues, possible settlement thereof, and schedule a date certain for trial, and counsel shall ensure their clients are available for consultation if necessary.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to counsel.Proceed accordingly.January 22, 2018ESTATE OF EUGENE PLUMMER, ALSO KNOWN AS EUGENE A. PLUMMER, Deceased (15/1824; 15/1824/A) — In these two administration proceedings in which a daughter and son of the decedent petition and cross petition for letters of administration, each agree that the decedent’s only distributees are a daughter and son, but the daughter disputes the identity of the person claiming to be the son, in essence asserting that the cross petitioner may be an imposter. As a result, this court previously denied a motion for summary judgment by the daughter, without prejudice to renewal upon the completion of a paternal siblingship DNA test (see Matter of Plummer, 2017 NYLJ LEXIS 2616 [Sur Ct, Bronx County September 15, 2017]). The parties, who live in California and Colorado, each have submitted three laboratories in those states to enable the court to select appropriate laboratories to conduct the sampling and test.Counsel for the parties are to oversee the process coordinating with each other and the laboratories involved, to ensure the integrity of the process and the results. The court directs the son to make an appointment with DDC-DNA Diagnostic Center, Garden Grove, CA (DDC-DNA) and go to the facility they direct, no later than February 23, 2018, for the purpose of DDC-DNA taking his identification and an appropriate sample for a comparative paternal siblingship DNA test by another laboratory in conformity with requirements necessary for the admissibility of the test results into evidence at trial. The son shall arrange for his sample to be sent directly by DDC-DNA to Denver DNA & Drug Center at 9725 Hampden Avenue, Suite 303, Denver, Colorado 80231 (Denver DNA), utilizing proper preservation, chain of custody and other protections to safeguard the son’s sample for purposes of a comparative paternal siblingship testing by Denver DNA and the admission of the results into evidence.By April 6, 2018, the daughter shall go to Denver DNA and shall arrange for Denver DNA to take her identification and an appropriate sample for the purpose of a comparative paternal siblingship DNA test against the son’s sample sent by DDC-DNA, in conformity with the requirements necessary for the admissibility of the test results into evidence at trial. The daughter shall arrange for Denver DNA to conduct the comparative paternal siblingship DNA test, with the written results of that comparative test conducted by Denver DNA to be provided to counsel for the daughter who, in turn, shall provide same to counsel for the son and the court. Should DDC-DNA or Denver DNA have any concern with the taking of identification, method of sampling or samples obtained, counsel for the parties are to so advise one another and the court.As stated previously, the costs of the testing shall be borne by each party, to be reimbursed as an expense of the estate (see Matter of Plummer, 2017 NYLJ LEXIS 2616 [Sur Ct, Bronx County September 15, 2017]). The court reminds the son that, previously, he was directed to obtain and file with the court an original certified copy of his original birth certificate and the separate certified California decree granting a name change, with a copy to counsel for the daughter (see id.); to date, he has not complied with that prior court directive.Each party shall provide a copy of this decision and order to the laboratory hereby selected by the court in his/her jurisdiction to enable those laboratories to follow the court’s directives.This decision constitutes the order of the court.January 18, 2018ESTATE OF MESIAS ROSETE, Deceased (07/503/B) — The administrator, the decedent’s spouse, seeks to distribute from her attorneys’ escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.The decedent died intestate on June 15, 2006. His distributees are the petitioner and three children. Under the circumstances presented, including the consents of all of the children 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 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. 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 17, 2018ESTATE OF PASQUALE AMATO, Deceased (02/D/468/A) — The administrator, the decedent’s spouse, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. 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 4, 2001. His distributees are the petitioner and a post-deceased son. Similar applications were approved previously. Under the circumstances presented, including the consents of the administrator of the estate of the post-deceased son 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 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. 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 22, 2018ESTATE OF RODOLFO CUEVAS, ALSO KNOWN AS RODOLFO A. CUEVAS, Deceased (16/1776/D) — The administrator, the decedent’s daughter, seeks to remove the restrictions on her limited letters of administration so that she may receive and distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys’ escrow account. The cause 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 April 1, 2016. In addition to the petitioner, his distributees are a spouse and a son. The other distributees and the New York State Department of Taxation and Finance consent to the application. Similar applications were approved previously.The net distributable proceeds are to be paid to the administrator. 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 22, 2018ESTATE OF SILVIA CHAVEZ, Deceased (14/623/B) — The administrators, the decedent’s spouse and his attorney, seek to lift the restrictions on their limited letters of administration so they may distribute and judicially account for the proceeds of claims adjusted with the September 11th Victim Compensation Fund.The decedent allegedly sustained injuries after September 11, 2001 as a result of exposure to the toxins at the 9/11 World Trade Center Disaster Site and died intestate of unrelated causes on January 19, 2013. Her distributees are the petitioning spouse and five children. Citation issued to the five children, the Consulate General of Mexico and the New York State Department of Taxation and Finance and there was no appearance in opposition.Counsel fees and disbursements are allowed in the sum requested. The net distributable proceeds are to be paid to the spouse (see EPTL 4-1.1 [a] [1].Submit decree.January 19, 2018ESTATE OF THEODORE LEE, Deceased (15/2772/A; 15/2772/B) — In this estate there are two contested proceedings: (1) a probate proceeding wherein the proponent, a son of the decedent, seeks to probate a testamentary instrument dated October 2, 2014; and (2) a proceeding commenced by the spouse seeking to file a notice of right of election. On the date set for a settlement conference no settlement was reached and a motion schedule was set for motions to be filed by the executor and the spouse. During the conference the parties agreed that the respective motions would be served and filed by January 16, 2018, opposition to each motion is to be served and filed by January 30, 2018, and any replies thereto were to be served and filed by February 9, 2018, with all motions returnable on February 13, 2018.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to counsel for all parties and to all the parties appearing pro se.Proceed accordingly.January 17, 2018ESTATE OF WILLIAM NEAL, Deceased (17/2764) — On the return date of this application by the Public Administrator for letters of administration, it appeared that jurisdiction was complete over an alleged paternal first cousin of the decedent, his only known distributee, and there was no appearance in opposition.Accordingly, the application is granted, and letters of administration shall issue to the Public Administrator.Notwithstanding the default of the respondent, the decree shall be settled upon him.January 22, 2018
