ESTATE OF ADDIE WRIGHT, Deceased (10/2431/B) — The administrator, the decedent’s son, seeks to distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, Suffolk County (Pastoressa, J.) being held in his attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and Medicaid and Medicare claims.The decedent sustained injuries as a result of alleged nursing facility negligence and died intestate on December 28, 2008. In addition to the petitioner, the decedent’s distributees are a daughter and a granddaughter. The other distributees and the New York State Department of Taxation and Finance consent to the application.The sum of $2,011 is to be paid to the petitioner in reimbursement of the decedent’s remaining funeral expenses. The net distributable proceeds are to be paid to the distributees in equal shares.Decree signed.January 23, 2018ESTATE OF AMERICA G. GONZALEZ, ALSO KNOWN AS, AMERICA RODRIGUEZ-GONZALEZ, Deceased (17/2698) — In this application by a son of the decedent seeking letters of administration, jurisdiction was obtained over a daughter, the decedent’s only other distributee, who appeared by counsel and did not oppose the application.Accordingly, the application is granted and letters of administration shall issue to the petitioner subject to SCPA 805(3) with regard to the decedent’s interest in realty.Settle decree.January 25, 2018IN THE MATTER OF THE GUARDIANSHIP OF ANGEL J.R., Pursuant to SCPA Article 17-A (17/2408) — 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 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 he lacks the capacity to make health care decisions. The court is further satisfied that the petitioner is 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 Nellie O., his mother.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.January 25, 2018IN THE MATTER OF THE GUARDIANSHIP OF ANGEL M.V. Pursuant to SCPA Article 17-A (17/2002) — 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 appeared, it appears to the satisfaction of the court that the respondent is a person with an intellectual disability 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 is 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 Jannette M., the respondent’s sister.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.January 23, 2018IN THE MATTER OF THE GUARDIANSHIP OF BERNARDO S.-N., Pursuant to SCPA Article 17-A (17/1808) — 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 and property 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 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 he lacks the capacity to make health care decisions. The court is further satisfied that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian.Accordingly, the application is granted. Letters of guardianship of the person and property of the respondent shall issue to Belki R., his niece.Decree signed.January 23, 2018ESTATE OF CECIL DAVIS, Deceased (17/2575) — In this application by a son of the decedent seeking letters of administration, jurisdiction is complete and there was no appearance in opposition.Accordingly, the application is granted and letters of administration shall issue to the petitioner subject to SCPA 805(3) with regard to the decedent’s interest in realty.Submit decree.January 23, 2018ESTATE OF CLARENCE R. MOLLETTE, Deceased (11/1736) — In this proceeding to probate an instrument dated August 12, 2005 and codicil thereto dated November 12, 2009, objections with a jury demand were filed by one of the decedent’s two daughters, who was formerly represented by counsel, but now proceeds pro se. The petitioner has filed a Note of Issue and Statement of Readiness, but has failed to submit an order framing issues in accord with Uniform Rules for the Surrogate’s Court (22 NYCRR) §§207.29 and 207.31. Insofar as this matter has been languishing, the parties are directed to appear for a pretrial conference to be held on February 27, 2018 at 9:30 am in courtroom 406. Counsel for the petitioner is directed to submit the order framing on or before February 20, 2018.The Chief Clerk is directed to mail a copy of this decision, which constitutes the order of the court, to respective counsel and the pro se objectant.Proceed accordingly.January 25, 2018IN THE MATTER OF THE GUARDIANSHIP OF JENNIFER M., Pursuant to SCPA Article 17-A (17/950) — 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 she 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 Adalgisa M. O., her mother. The respondent’s cousin, Marisol G., is appointed standby guardian to serve when the primary guardian is unable to do so. The successor guardian shall assume the duties of her 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 23, 2018ESTATE OF JUAN ANTONIO MENDEZ ROJAS, Deceased (13/1247/B) — In this contested SCPA 2103 proceeding, the petitioner, the decedent’s daughter, served and filed a note of issue, certificate of readiness and statement of issues.Accordingly, the matter will appear on the court’s ready-for-trial calendar on February 20, 2018 at 9:30 a.m. 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 for all parties.Proceed accordingly.January 23, 2018ESTATE OF MARIE GUIDO, ALSO KNOWN AS MARIE J. GUIDO, Deceased (16/2887/A) — The administrator, the decedent’s son, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds and a no-fault death benefit.The decedent died intestate on October 18, 2016, allegedly as the result of injuries sustained when she was struck by a motor vehicle while a pedestrian. Her distributees are the petitioner and a daughter. Under the circumstances presented, including the consents of the daughter and 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 entire proceeds to the wrongful death cause of action.Counsel fees and disbursements are allowed in the sum requested. The net distributable proceeds and the no-fault death benefit are to be paid to the decedent’s children in equal shares.Decree signed.January 23, 2018IN THE MATTER OF THE GUARDIANSHIP OF RACHEL R. T., Pursuant to SCPA Article 17-A (17/19) — 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 she 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 Juana L. T., her mother. The respondent’s father, Kenyatta T., 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 23, 2018IN THE MATTER OF THE GUARDIANSHIP OF RAYMOND D. R., Pursuant to SCPA Article 17-A (08/1200) — After an application seeking a withdrawal of funds from the guardianship account was filed by the co-guardians of the person and property of the respondent, the court suspended the letters of guardianship of the property of the co-guardians and appointed a guardian ad litem. Based upon a report filed by the guardian ad litem the court rendered a subsequent decision and order dated February 27, 2013, indicating that upon the filing of proof that the bank account is properly titled and the filing of an amended petition clarifying the withdrawal request, the court would consider reinstating the letters of guardianship of the property that were suspended as well as the original withdrawal application. The guardian ad litem filed a supplemental report indicating that the bank accounts are now correctly titled and the co-guardians have filed an amended petition as well accounts covering the date of their appointment through December, 2016, with appropriate depository documentation, and supplied the current address where they and the ward reside.Accordingly, this decision constitutes the order of the court reinstating the letters of guardianship of the property previously suspended, and granting the most recent application seeking to withdraw funds.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, along with the withdrawal order to be entered hereon to the co-guardians and the guardian ad litem.Order signed.January 22, 2018IN THE MATTER OF THE GUARDIANSHIP OF RUTH Y. J. A., Pursuant to SCPA Article 17-A (17/2352) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardians 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 guardians and the respondent appeared, it appears to the satisfaction of the court that the respondent is a person with an intellectual disability 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 petitioners 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 Mirian S. A. M. De J. and Marco J., her parents. The respondent’s sister, Xiomara J. G., is appointed standby guardian to serve when the primary guardians are no longer able to do so. The successor guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757.Decree signed.January 23, 2018ESTATE OF SARAH PHABIAN, Deceased (16/146) — On the return date of this application by a creditor seeking the issuance of limited letters of administration to any eligible distributee or, upon their default, to the Public Administrator for the purpose of accepting service of process in a foreclosure action, the Public Administrator appeared and, subsequently, jurisdiction was obtained over a daughter of the decedent, allegedly her only distributee, without opposition.Accordingly, in the absence of any opposition the application is granted, and letters of administration shall issue to the Public Administrator, limited to accepting service of process in the foreclosure action, without any duty to defend.Settle decree.January 25, 2018
