ESTATE OF REXFORD CECIL WENG, Deceased (13/4739/ABC) — The compromise of a cause of action for decedent’s personal injury and wrongful death was approved and the attorney’s compensation and disbursements were fixed by order of the Supreme Court, New York County. The proceeds are allocated 100 percent to the cause of action for conscious pain and suffering.The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendant Manville Trust; the restrictions shall remain in full force and effect with regard to any remaining defendants and settlements.The net proceeds shall be paid to decedent’s three children as set out in the decree.The account is settled and the decree is signed.Dated: December 11, 2017ESTATE OF REXFORD CECIL WENG, Deceased (13/4739/DEF) — The compromise of a cause of action for decedent’s personal injury and wrongful death was approved and the attorney’s compensation and disbursements were fixed by order of the Supreme Court, New York County. The proceeds are allocated 100 percent to the cause of action for conscious pain and suffering.The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendants United States Gypsum, Worthington, Owens Corning, Fibreboard, Armstrong World Industries, Combustion Engineering, Pfizer Incorporated, National Gypsum Company, Robert A. Keasbey Company, Plibrico Company, Burns and Roe Enterprises Incorporated, Minnesota Mining and Manufacturing Company, G-I Holdings, and Rutland Fire and Clay; the restrictions shall remain in full force and effect with regard to any remaining defendants and settlements.The net proceeds shall be paid to decedent’s three children as set out in the decree.The account is settled and the decree is signed.Dated: December 11, 2017ESTATE OF MACK HANAN, Deceased (11/4075/D) — At the call of the calendar, the court granted this uncontested miscellaneous application filed by Allan J. Marrus as executor of the estate of Mack Hanan, requesting that funds held in three separate accounts at Fidelity Investments be turned over to him as executor of the estate. Two of the accounts are maintained in the name of “Anson McAn,” and one of the accounts is in the names of Mack Hanan and “Anson McAn,” jointly. Petitioner submitted ample evidence that “Anson McAn” was an alias used by Mack Hanan.Order signed.Dated: December 8, 2017ESTATE OF MARJORIE DUDLEY, Deceased (74/1551/G,H) — At the call of the calendar, this uncontested application to appoint a successor trustee of the trust established under Article SIXTH of the will of Marjorie Dudley for the benefit of Sarah Dudley was granted.Decree signed.Dated: December 6, 2017ESTATE OF MARJORIE DUDLEY, Deceased (74/1551/E,F) — At the call of the calendar, this uncontested application to appoint a successor trustee of the trust established under Article SIXTH of the will of Marjorie Dudley for the benefit of Henry Dudley was granted.Decree signed.Dated: December 6, 2017Surrogate MellaESTATE OF MARGARET K. KLEIN, Deceased (14/369) — At the call of the calendar on November 17, 2017, the court denied the objectant’s motion to strike as untimely the motion for summary judgment by the proponent of an instrument dated January 14, 2014 as the will of decedent Margaret Klein. This court’s April 18, 2017 pretrial order in this matter is clear that it was only conditioning the scheduling of a pretrial conference on whether a dispositive motion was made returnable before the court by or on September 19, 2017. The order was not barring a party from making a summary judgment motion as such an order would have been contrary to the plain terms of CPLR 3212(a).1By stipulation, the parties adjourned the motion for summary judgment to this court’s January 5, 2018 miscellaneous calendar, and the court set the following deadlines for the remaining submissions on that motion: opposition papers to the motion shall be filed and served no later than December 13, 2017, and any reply papers in further support of the motion must be filed and served no later than December 29, 2017. All parties, before a deadline passes, may agree to change a deadline or all deadlines by written stipulation filed with the court, provided that the court receives final reply papers no later than three (3) business days before the return date of the motion. Copies of documents filed should be emailed to counsel on the day they are filed with the court, in addition to any other required method of service.This decision, together with the transcript of the November 17, 2017 proceedings, constitutes the order of the court.Dated: December 8, 2017
