Surrogate Malave-GonzalezGUARDIANSHIP OF ANDREW V.A. Pursuant to SCPA Article 17-A (17/2708) — 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.The proposed guardian, the ward and Mental Hygiene Legal Service, First Department (MHLS) appeared at the hearing, during which the respondent appeared to have some understanding of the nature of the proceeding and indicated that while he was amenable to the appointment of a guardian for the purposes of, inter alia, making decisions with respect to his medical care, he did not want life sustaining medical treatment withdrawn or withheld. Similar concerns were also raised by MHLS. The petitioner indicated that she did not want to take such action with respect to the respondent.Upon the oral and documentary proof presented, 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 and 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 and the nominated standby guardian are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make general health care decisions pursuant to SCPA 1750-a (2), but excluding end of life decisions. Neither the guardian nor the proposed standby guardian shall have the authority to make decisions to withhold or withdraw life sustaining treatment on behalf of the respondent (see Matter of Christopher M., NYLJ, Oct. 4, 2006 at 5, col 2 [Sur Ct, Bronx County 2006]).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Serena S. The respondent’s aunt, Lori-Ann P., is appointed standby guardian of the respondent to serve when the primary guardian is 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.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner and MHLS.Decree signed.May 14, 2018ESTATE OF ERIBERTO AQUINIO, Deceased (11/2606/D/E) — In this proceeding by one of the decedent’s sons seeking to revoke the letters of administration that issued to the decedent’s spouse, the parties have entered into a stipulation which provides for, inter alia, the issuance of letters of administration d.b.n. to the spouse and son and revocation of the letters that previously issued to the spouse.Accordingly, letters of administration d.b.n. shall issue in accord with the parties stipulation subject to the provisions of SCPA 702 (1).Decree signed.May 14, 2018ESTATE OF GERSON LEVINSON, Deceased (18/247) — In this application by the Public Administrator for letters of administration, jurisdiction was obtained over a person alleged to be an executrix on the decedent’s death certificate, without any appearance in opposition and, at this time, the whereabouts of any testamentary instrument or distributees are unknown.Accordingly, in the absence of any opposition the application is granted, and letters of administration are granted to the Public Administrator.Submit decree.May 14, 2018ESTATE OF HAKEEM MUNIR KUTA, Deceased (15/2849/A) — The administrator, the decedent’s father, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.The decedent died intestate on April 4, 2015, allegedly as the result of injuries sustained from negligence. Under the circumstances presented, including the consents of the decedent’s mother, who waives an interest in the settlement proceeds, 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, the court grants the request to allocate the settlement proceeds to the wrongful death cause of action.Disbursements are allowed in the reduced sum of $2,402.82 reflecting the elimination of certain items normally considered office overhead. Counsel fees are allowed pursuant to the retainer agreement. As requested, the net distributable proceeds are to be paid to the father.Decree signed.May 14, 2018ESTATE OF JENELL REID, Deceased (13/859/A) — The administrator, the decedent’s mother, seeks leave to compromise causes of action arising from the decedent’s death.The decedent died intestate on November 11, 2012 from alleged medical malpractice. The decedent’s distributees are her parents. Citation issued to Ascension Point Recovery Services, LLC to disallow its claim and it defaulted. Under the circumstances presented, including the consents of the decedent’s father 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, the request to allocate the entire settlement proceeds to the wrongful death action is approved.Disbursements are allowed in the reduced sum of $7,514.25 eliminating certain items normally considered office overhead. Counsel fees are allowed in accord with the retainer agreement. The sum of $572.32 is to be paid to Centers for Medicare and Medicaid Services/CMS in payment of its Medicare claim. The net distributable proceeds are to be paid to the petitioner as requested.Submit decree.May 14, 2018ESTATE OF LUIS B. MARTINEZ, Deceased (09/2138/A) — The administrator, the decedent’s mother, seeks to allocate and distribute the proceeds of causes of action awarded after arbitration being held in her attorney’s escrow account.The decedent died intestate on October 12, 2018, after being struck by a motor vehicle while a pedestrian. The decedent’s only distributees are a son and a daughter who consent to the application. Jurisdiction was obtained over the New York State Department of Taxation and Finance and it defaulted. Under the circumstances presented, including the consents of the children and the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.Disbursements are allowed in the reduced sum of $3,127.03 to reflect the elimination of certain items normally considered office overhead. Counsel fees are awarded pursuant to the retainer agreement. The sum of $2,498 is to be paid to Maria Diaz, in reimbursement of a portion of the decedent’s funeral expenses, the balance of such expenses having been paid with a no-fault benefit received by the administrator.The net distributable proceeds are to be paid in equal shares to the two children.Submit decree.May 14, 2018ESTATE OF MAURICE DU’PREE WILLIAMS, Deceased (14/1765/A) — The administrator, the decedent’s mother and sole distributee, seeks to judicially account for and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.) which are being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements, two New York State Department of Taxation and Finance tax warrants concerning the decedent, public assistance and Medicaid claims asserted against the decedent and the petitioner, and a pre-settlement legal funding lien.The decedent died intestate on September 13, 2013, allegedly as the result of medical malpractice. Under the circumstances presented, including the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate the net distributable proceeds to the wrongful death cause of action.The remaining funds are to be paid to the mother.Decree signed.May 14, 2018ESTATE OF PAULINE TODD TAYLOR, Deceased (18/562) — This is a proceeding for the ancillary probate of the decedent’s will dated December 29, 1993, which was admitted to probate by the Probate and Family Court, County of Hampden, Massachusetts, the decedent’s alleged domicile. The petitioner, who is a grandson of the decedent and is not named as a fiduciary under the instrument, was appointed the personal representative of the decedent’s estate in Massachusetts. The decedent’s only distributee and beneficiary under the will is a post-deceased daughter, the petitioner’s mother. It appears that the decedent possessed an interest in real property located in Bronx County upon which the will may operate.Accordingly, the will is admitted to ancillary probate (see SCPA 1602) and ancillary letters of administration c.t.a. shall issue to the petitioner (see SCPA 1604 [1][b]) subject to the provisions of SCPA 805(3) with regard to the disposition of any real property in which the decedent had an interest.Decree signed.May 16, 2018ESTATE OF STEWARD KIRK, Deceased (13/1562/A) — The administrator, the decedent’s brother who is also the administrator of the estate of the decedent’s post-deceased mother, the decedent’s only distributee, seeks to distribute the remaining proceeds of causes of action settled by the Supreme Court, New York County (Shulman, J.) being held in his former attorney’s escrow account as well as money deposited in the decedent’s bank account. The supreme court order, as amended, inter alia, allocated the proceeds 50 percent to the wrongful death cause of action and the balance to personal injury, limited the recovery of claim of the New York City Department of Social Services (DSS) against the proceeds to an agreed upon amount pursuant to a stipulation of the parties, directed the payment of attorney’s fees to former trial counsel, and directed the payment of certain disbursements, funeral and other expenses incurred by the petitioner in connection with the cause of action.The decedent died on April 12, 2013 allegedly as a result of medical malpractice. His sole distributee is his post-deceased mother. Jurisdiction was obtained over Centers for Medicare and Medicaid Services to disallow any claim it may have, and it defaulted. The petitioner, individually, four other children who are distributees of this estate and/or that of the post-deceased mother, former trial counsel holding funds in escrow, as well as the New York State Department of Taxation and Finance, consent to the application. DSS withdrew its original objections to this proceeding upon the subsequent settlement of its claim in the supreme court.The request for an additional attorney’s fee of $3,000 for counsel who prepared the papers necessary to commence this compromise proceeding is denied, without prejudice to the right to seek such compensation from former trial counsel who was granted leave to withdraw by the supreme court in the underlying action (see EPTL 5-4.6 [a] [3]). The petitioner’s request for an additional $5,000 in reimbursement of his payment of a retainer to separate counsel who is continuing the prosecution of a remaining cause of action against another defendant in this estate, and the request by the petitioner for $1,626.17 for additional travel expenses relating to the pending cause of action are also denied, without prejudice and with leave to renew upon the conclusion of that pending cause of action. The sum of $42,500 is to be paid to DSS for Medicaid services provided to the decedent, as stipulated. Notwithstanding the default of the Centers for Medicare and Medicaid Services in this proceeding, any distributions made by the petitioner as fiduciary of this estate or the estate of the post-deceased mother are at his own risk with regard to any future claim for principal and interest owed for Medicare services rendered to the decedent under federal Medicare law (see Matter of Adams, NYLJ, May 15, 2009, at 38, col 4 [Sur Court, Bronx County 2009]). Commissions are allowed in the statutory amount.The net distributable proceeds allocated to the personal injury and wrongful death causes of action are to be paid to the administrator of the estate of the post-deceased mother. The restrictions imposed on the letters of administration shall continue with respect to any remaining defendants or causes of action.Settle interim decree.May 14, 2018ESTATE OF STUART LEEDS, Deceased (14/774/A) — In this proceeding to judicially settle the account of the Public Administrator, the kinship issues with respect to the estate were referred to a member of the court’s Law Department designated to hear and report. More than 10 days have elapsed since the mailing of the referee’s superceded report, and no party has moved to modify or overrule the report.After review by the court, the findings of fact and conclusions of law set forth in the report are confirmed, including that the decedent’s only distributees are his paternal first cousins, Leonard Leeds and Ira Leeds, each of whom is entitled to one-half of the entire net distributable estate (EPTL 4-1.1 [a] [6]).The Public Administrator shall update her account and settle a decree providing for the distribution as directed herein.Settle decree.May 14, 2018ESTATE OF THELMA DAVIS, Deceased (18/448) — In this application by a nursing facility creditor seeking the issuance of letters of administration to any eligible distributee or, upon their default, to the Public Administrator limited to, inter alia, appearing on behalf of the estate for purposes of an administrative Fair Hearing, jurisdiction was obtained over the decedent’s alleged niece, without any appearance in opposition, and the Public Administrator appeared and agreed to accept such limited letters with all costs to the petitioner.Accordingly, and in the absence of any opposition, the application is granted and letters of administration shall issue to the Public Administrator limited in the manner agreed to by the Public Administrator.Settle decree.May 14, 2018ESTATE OF VINCENT MOSTACCIUOLO, Deceased (16/2402/A) — On the return date of this petition for a compulsory accounting by a daughter of the decedent, a settlement was reached by the parties and thereafter, the petitioner withdrew the petition to compel an account on the record in open court.Accordingly, this decision constitutes the order of the court marking the proceeding “withdrawn.”Proceed accordingly.May 14, 2018ESTATE OF ZOILA FERNANDEZ, Deceased (08/2912/B) — The administrator, one of the decedent’s sons, seeks to remove the restrictions contained on his limited letters of administration so that he may receive and judicially account for the remaining proceeds of a personal injury action stemming from alleged hospital negligence settled in the Supreme Court, Bronx County (Sherman, J.) which are being held in escrow. The supreme court order in that action, inter alia, directed the payment of counsel fees and disbursements. The petitioner also seeks to receive and judicially account for the proceeds of a personal injury action settled with another defendant arising from alleged nursing facility negligence.The decedent sustained separate successive injuries as indicated and died intestate on August 29, 2007, of unrelated causes. The decedent’s distributees are the petitioner, another son and a daughter who allegedly suffers from medical disabilities but is otherwise competent for whom a supplemental needs trust (SNT) was established. The other distributees and the New York State Department of Taxation and Finance consent to the application.Counsel fees and disbursements for the nursing facility negligence action are allowed in the sum requested. The net distributable proceeds from both settlements are to be paid to the decedent’s children in equal shares. As requested, the daughter’s share is to be paid to the trustee of the SNT established for her benefit.Decree signed.May 14, 2018
