Surrogate GiganteESTATE OF SHIRLEY J. BLAUTH, Deceased (14/320) — This pending probate proceeding last appeared on the Court Calendar of April 18, 2018 following a Decision and Order of the Court dated March 23, 2018 that directed Patricia Oines and Robert A. Stumpf, Esq., to appear. On April 18, 2018, an appearance was made by Robert A. Stumpf, Esq.At such time, there were various essential requirements which were still outstanding and the Will had not been admitted to probate. This matter is now referred to the Richmond County Public Administrator. This matter is also adjourned to the Court’s calendar on June 6, 2018 at 9:30 a.m. as a control date.The Clerk of the Court is directed to mail a copy of this Decision to Patricia Oines by certified mail return receipt requested and regular mail, and to Robert A. Stumpf, Esq., and the Richmond County Public Administrator by regular mail.This Decision shall constitute the Order of this Court.Dated: May, 2018
ESTATE OF EDWARD S. BOSEK, A/K/A EDWARD BOSEK, Deceased (13/1107/A) — The Limited Executrix of this estate has petitioned this Court to modify the limitations contained in the Limited and Restricted Letters Testamentary issued by this Court on October 29, 2013, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.Jurisdiction over necessary parties, including the New York State Department of Taxation & Finance, has been obtained and no opposition to any of the requested relief has been filed.Upon review of all the papers, the application to modify the limitations contained in the Limited and Restricted Letters Testamentary issued by this Court on October 29, 2013 and to settle the claim for the wrongful death/personal injury on behalf of the decedent in the amount of $825,000.00 is approved. The entire proceeds are allocated to the cause of action for wrongful death. Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $216,461.82 to Sullivan, Papain, Block, McGrath & Cannavo P.C.The net balance in the amount of $608,538.18 shall be paid pursuant to In Re: Kaiser’s Estate, 198 Misc 582, 100 NY2d 218 as follows: $608,538.18 to Rosemarie Ann Bosek, surviving spouse and sole beneficiary having suffered a pecuniary loss.Incidental relief prayed for is granted.Submit Decree.Dated: March 15, 2018
