ESTATE OF JOSEPH SLIFKA, Deceased (92/1839/A) — Before the court is a petition, styled as one for advice and direction, seeking, among other things, a determination as to whether petitioner, Barbara Slifka, “is and remains the executor of [decedent's estate]….” The question of petitioner’s status has arisen in litigation pending in New York County Supreme Court. In an October 27, 2017 Order, presiding Justice Eileen Bransten directed that “the parties are to determine from Surrogate’s Court whether [petitioner] has been appointed Executrix of the Estate forever and, therefore remains the Executrix….”Decedent died on April 9, 1992. His will was admitted to probate in New York County Surrogate’s Court. Decedent’s two children, petitioner and Alan Slifka, were appointed co-executors. Alan died in 2011.As to petitioner’s status as executor, her letters testamentary have never been revoked. Petitioner remains the executor of decedent’s estate in relation to estate assets, if any, that remain to be administered.The other relief petitioner requests on her own initiative is clearly beyond the limited scope of Justice Bransten’s directive and requires determination of issues that remain squarely before the Supreme Court. In other words, this court’s ruling is strictly limited to the finding that petitioner’s letters testamentary have not been revoked. This ruling is not intended to determine any other issue in the action before Justice Bransten.This decision constitutes the order of the court.Dated: December 6, 2017Surrogate MellaESTATE OF NICHOLAS C. FORSTMANN, Grantor (01/0559/B/C/D) — The proceeding commenced by Lana Wolkonsky and Willard J. Overlock, trustees of the trust created under an agreement dated September 19, 2000, between Nicholas C. Forstmann, grantor, and Lana Wolkonsky and Willard J. Overlock, trustees, known as the “Nicholas C. Forstmann 2000 Family Trust,” for a determination as to the application of EPTL 9-1.2 and for other relief has been discontinued pursuant to notice of discontinuance without prejudice filed on November 6, 2017 (see CPLR 3217 [a]).Proceed accordingly.Dated: December 6, 2017
