ESTATE OF ADELE STERN, Deceased (16/2864) — In this proceeding by the proponents, two friends of the decedent, seeking to probate an instrument dated September 27, 2004, jurisdiction was obtained over all necessary parties, and objections were filed by the decedent’s two distributees, a niece and a nephew. After a SCPA 1411 conference was held, the parties who appeared at the conference entered into a written stipulation dated October 30, 2017 pursuant to which, inter alia, the niece and the nephew withdrew their objections, subject to the terms of the stipulation.The court is satisfied that the testator executed the will dated September 27, 2004 in its present form in compliance with the statutory requirements and that, at the time of its execution, the testator was competent to make a will and was free from restraint. Accordingly, the will dated September 27, 2004 is entitled to be admitted to probate, subject to the terms of the stipulation dated October 30, 2017 (see EPTL 3-2.1; SCPA 1408). The preliminary letters testamentary that issued to the petitioners are to be revoked in the decree to be entered hereon.Decree signed admitting the September 27, 2004 will to probate.December 6, 2017ESTATE OF ADRIAN RODRIGUEZ, Deceased (17/1547) — In this application by an alleged nursing facility creditor for the issuance of limited letters of administration to the Public Administrator, jurisdiction was obtained over the decedent’s daughter, his sole distributee who defaulted, and the Public Administrator appeared.Counsel for the Public Administrator filed an affirmation stating, inter alia, the Public Administrator would accept letters of administration limited to receiving service of process only as to any Medicaid matters at the sole cost and expense of the petitioner. Accordingly, the application is granted and letters of administration limited to the purposes set forth in that affirmation shall issue to the Public Administrator.Settle decree.December 12, 2017ESTATE OF ALEX S. PAIGE Deceased (12/1434/B) — The administrator d.b.n., the decedent’s step-daughter, seeks to lift the restrictions on her limited letters of administration so she may receive and distribute the remaining proceeds of personal injury causes of action settled in the Supreme Court, Bronx County (Briganti, J.) being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements.The decedent sustained injuries as a result of alleged rehabilitation center negligence and died intestate on September 14, 2011. The decedent’s only distributees are a daughter and post-deceased spouse, for which the petitioner herein is the fiduciary of her estate. Under the circumstances presented, including the consents of the decedent’s distributees and the New York State Department of Taxation and Finance and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the personal njury cause of action.The sum of $11,303.20 is to be paid to the estate of the decedent’s post-deceased spouse, in reimbursement of the decedent’s funeral expenses. The remaining proceeds are to be paid to the decedent’s daughter and the petitioner in her capacity as fiduciary of the estate of the post deceased spouse. (EPTL 4-1.1[a] [1]).Submit decree.December 12, 2017ESTATE OF ALICE CALIN, ALSO KNOWN AS ALICE M. DELOTCH, ALSO KNOWN AS ALICE M. DELOTCH-CALIN, Deceased (17/1771) — As a predicate for applying for letters of administration, the decedent’s son and sole distributee seeks authority to proceed as a poor person so that the court will waive the filing fee pursuant to CPLR 1101(d).In support of the application, the petitioner’s affidavit concerning his personal circumstances alleges that he presently has no assets, receives limited income and has insufficient resources to pay the filing fee for the administration petition. Although the petitioner may qualify as a poor person under the statute (see CPLR 1101), filing fees are paid out of estate assets as they are an estate expense. The petitioner indicates that the estate assets consist of realty valued at $450,000 which is subject to a tax lien recently sold by the New York City Department of Finance to a trust and is subject to foreclosure, as well as significant outstanding water and sewer charges. He seeks letters of administration on an expedited basis to address those issues.The decision of whether to grant an application to proceed as a poor person is in the sound discretion of the court (see Abbott v. Conway, 148 AD2d 909 [3rd Dept 1989]). Here, the estate does not appear to be wholly insolvent, so the filing fee is not waived (see CPLR 1101 [d]; Matter of Duran, NYLJ, Aug. 28, 2013 at 22, col 6 [Sur Ct, Bronx County 2013]; Matter of Sierp, NYLJ, Mar. 26, 1997 at 31, col 1 [Sur Ct, Suffolk County 1997]). Nonetheless, as the petitioner does not presently have access to the estate assets, the court will defer the payment of the filing fee until 60 days after the issuance of letters of administration (see Matter of Duran, NYLJ, Aug. 28, 2013 at 22; Matter of Elkahly, NYLJ, June 18, 2012 at 26, col 5 [Sur Ct, Queens County 2012]). The letters that issue herein shall be limited pursuant to SCPA 805 (3) with regard to the disposition of the realty or a bond will be required in the sum of $450,000, the letters shall be further limited to prohibit any distribution until payment of the filing fee; and, shall be revoked if the filing fee is not paid within two months after the date of issuance of letters.The Chief Clerk is directed to mail a copy of this decision, which constitutes the order of the court, to the pro se petitioner.Proceed accordingly.December 4, 2017GUARDIANSHIP OF AMBER C., Pursuant to SCPA Article 17-A (17/1428) — 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 developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian was present and the court waived the appearance of the respondent based on the medical certifications, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that she has a developmental disability which results in an impairment of general intellectual functioning so that she is unable to manage herself or her affairs by reason of her developmental disability (SCPA 1750-a [2]), that she lacks the capacity to make health care decisions, and that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Shirley E., her grandmother.Decree signed.December 6, 2017GUARDIANSHIP OF BRYAN G. L. G. Pursuant to SCPA Article 17-A (17/167) — 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 ward 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 petitioners are qualified to assume the responsibility of serving as the respondent’s guardians.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Elizabeth G., and his stepfather, Juan O. F. R.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.December 8, 2017ESTATE OF FELICIA DANIELS-MACK, Deceased (06/E/547A) — In this proceeding to judicially settle the account of the administrator, the decedent’s spouse, the court by order dated October 23, 2017 directed the parties to appear for the purposes of setting a hearing date on this proceeding. On the court-ordered date, the objectants attorney appeared, however the administrator, now pro se, failed to appear. Accordingly, this decision constitutes the order of the court directing the parties to appear in courtroom 406 at 2:15 pm on February 7, 2018 for a hearing on the administrator’s filed account, and the objections thereto. The parties are directed to be prepared to proceed on that date and no adjournment will be permitted except for good cause shown. Should the administrator fail to appear on the hearing date, the petition will be dismissed and the objectants shall be permitted to seek any relief they deem appropriate.The Chief Clerk is directed to mail a copy of this decision and order to the pro se administrator and counsel for the objectants.Proceed accordingly.December 1, 2017GUARDIANSHIP OF IVAN L. Pursuant to SCPA Article 17-A (17/700) — 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 ward 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 petitioners and the nominated standby and first alternate guardians are qualified to assume the responsibility of serving as the respondent’s guardians.Accordingly, the application is granted Letters of guardianship of the person of the respondent shall issue to his parents, Maria L. and Luis L The respondent’s sister, Stephanie L., is appointed standby guardian of the respondent to serve when the primary guardians are no longer able to do so. Another sister, Katherine L., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian are able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.December 8, 2017GUARDIANSHIP OF JULISSA L.C., Pursuant to SCPA Article 17-A (16/2677) — 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 developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian appeared and the court waived the respondent’s appearance based upon the medical certifications, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that she has a developmental disability which results in an impairment of general intellectual functioning so that she is unable to manage herself or her affairs by reason of her developmental disability (SCPA 1750-a [2]), that she lacks the capacity to make health care decisions, and that the petitioner and the proposed standby, first alternate standby and second alternate standby guardians are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Lizette G., her mother. Her father, Anthony C., is appointed standby guardian to serve when the primary guardian is no longer able to do so. Daisy G.R., her aunt, is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian is able to do so. Another aunt, Debra C., is appointed second alternate standby guardian to serve when none of the aforementioned are able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk is to mail a copy of this decision and the decree to the pro se petitioner.Decree signed.December 8, 2017ESTATE OF LEON HERNESH, Deceased (11/2324/B) — In this contested probate proceeding concerning an instrument dated June 14, 2010, all issues were settled by the parties pursuant to so-ordered written stipulations respectively dated October 13, 2015, December 15, 2016 and November 16, 2017 which provide, inter alia, that: (1) certain payments were to be made to the decedent’s nephew, his sole distributee, and a charity named as residuary beneficiary in a prior testamentary instrument in satisfaction of any claims that they might assert against the estate and the proponent; (2) the objections filed by the nephew, that charity and the Attorney General, were withdrawn, and the probate proceeding would proceed as an uncontested matter; (3) respective counsel for the nephew and the charity were to serve as co-administrators c.t.a.; and, (4) the restraints imposed upon accounts at three banking institutions emanating from funds previously held in the decedent’s name were to be lifted, and those banks were to remit the proceeds to the co-administrators c.t.a. Thereafter, the nominated executor, the sole beneficiary in the propounded instrument whose preliminary letters testamentary were suspended, filed a renunciation, and the two attorney designees jointly petitioned for letters of administration c.t.a. in her stead upon the consents of all interested parties.The decedent died on August 3, 2011 at the age of 92. The three-page instrument was attorney-drafted and supervised, executed before two witnesses, and a self-proving affidavit is annexed. The entire estate is bequeathed to the renouncing nominated executor, an employee of a social services agency who assisted the decedent.On this state of the record, the court finds that the instrument dated June 14, 2010 was executed in accordance with the statutory formalities at a time when the testator had testamentary capacity and was not under restraint (see EPTL 3-2.1 and SCPA 1408).In the absence of any opposition, and based on the three “so-ordered” written stipulations executed by the parties, the application for the issuance of letters of administration c.t.a. to the two attorney designees is granted, and letters of administration c.t.a. pursuant to the terms of the three “so-ordered written stipulations” shall issue jointly to the petitioners. The preliminary letters testamentary that issued to the nominated executor and the temporary letters of administration that issued to the petitioners are to be revoked in the decree to be entered hereon.Decree signed admitting the June 14, 2010 will to probate.December 11, 2017GUARDIANSHIP OF MAKSIM A. M., Pursuant to SCPA Article 17-A (17/1206) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners 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 guardians appeared and the court waived the appearance of the respondent based upon the medical certifications, 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 petitioners 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 Maria M. and Alexander M., his parents.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioners.Decree signed.December 12, 2017GUARDIANSHIP OF MALIK O. J., Pursuant to SCPA Article 17-A (17/1632) — 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 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 petitioners 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 Marvette J. and Owen R., his parents.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioners.Decree signed.December 8, 2017ESTATE OF MICHAEL UMEZURIKE, Deceased (14/1019/A) — In this miscellaneous proceeding by the administrator, the decedent’s mother, seeking to lift the restrictions contained in her limited letters of administration, the decedent’s father filed objections. Accordingly, this matter shall appear for hearing upon compliance with Uniform Rules for the Surrogate’ Court (22 NYCRR) §§207.29 and 207.30.Proceed accordingly.December 12, 2017GUARDIANSHIP OF NICHOLE J.A.D.L.C., Pursuant to SCPA Article 17-A (17/160) — 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 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 also satisfied that the petitioners, the proposed standby and first alternate standby guardians 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 Marilou D.L.C. and Louis D.L.C., his parents. The respondent’s brother, Kim D.L.C., is appointed standby guardian to serve when the primary guardians are no longer able to do so. Another brother, Jose M.D.L.C., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian is able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.December 8, 2017GUARDIANSHIP OF PRESTON K. M., Pursuant to SCPA Article 17-A (17/1544) — 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 developmentally 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 a developmentally disabled person within the provisions of Article 17-A of the SCPA, that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he lacks the capacity to make health care decisions, and that the petitioner, the proposed standby guardian and the first and second alternate standby guardians are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Novelette M., his mother. The respondent’s sister, Keisha C., is appointed standby guardian to serve when the primary guardian is unable to do so. Peter M., the respondent’s father, is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian are able to do so, and Gilfraise C., his brother is appointed second alternate standby guardian to serve when none of the aforementioned guardians is able to do so. The successor guardians shall assume the duties of their 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.December 12, 2017GUARDIANSHIP OF RYAN A. P., Pursuant to SCPA Article 17-A (16/2391) — 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 also 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 his mother, Leslie F.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner.Decree signed.December 11, 2017ESTATE OF SHIRLEY BOWENS, Deceased (13/2412/A) — The administrator, one of the decedent’s two sons and only distributees, seeks to lift the restrictions contained on his limited letters of administration so that he may receive and judicially account for the settlement proceeds of causes of action.The decedent sustained injuries as a result of alleged nursing facility negligence and died intestate on February 3, 2013. The other son and the New York State Department of Taxation and Finance consent to the application. The court grants the request to allocate the entire recovery to the personal injury cause of action.Counsel fees and disbursements are allowed in the sum requested. The sum of $6,096 is to be paid to Minnie Tomlin in reimbursement of the decedent’s funeral expenses. Pursuant to a written stipulation, the sum of $40,000 is to be paid to the New York City Department of Social Services/HRA in payment of its claim for Medicaid benefits furnished to the decedent. The net distributable proceeds are to be paid to the two sons in equal shares.Decree signed.December 12, 2017ESTATE OF THOMA REE RILEY III, Deceased (11/1457/B) — The administrator, the guardian of the property of the decedent’s infant son and sole distributee, seeks leave to compromise causes of action and distribute those proceeds a no-fault benefit arising from events leading to the decedent’s death.The decedent died intestate on March 20, 2011 after being hit by a vehicle while a pedestrian. Under the circumstances presented, including the consent of the guardian ad litem for the decedent’s son and the New York State Department of Taxation and Finance, the lack of any debts or claims presented herein and the fact that the decedent never regained consciousness, the request to allocate the entire settlement proceeds to the wrongful death action is approved.Counsel fees are allowed in accord with the retainer. The net distributable proceeds and the no-fault benefit are to be paid to the duly appointed guardian of the infants’ property jointly with the guardian clerk of the court subject to further order of the court.Settle decree.December 5, 2017GUARDIANSHIP OF TREMAINE McF., Pursuant to SCPA Article 17-A (17/1652) — 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, the proposed standby guardian and the first and second alternate standby guardians 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 Maria J. P., her mother. The respondent’s sister, April A. McF., is appointed standby guardian to serve when the primary guardian is unable to do so. Denise P., a sister, is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian is able to do so, and Ava L. McF. S., another sister, is appointed second alternate standby guardian to serve when none of the aforementioned guardians is able to do so. The successor guardians shall assume the duties of their 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.December 11, 2017
