Surrogate Malave-GonzalezESTATE OF CARMELITA COIT, Deceased (12/172/D) — In this proceeding by a son of the decedent to probate, as a lost will, a copy of a testamentary instrument dated March 16, 2016, objections were filed by two other children of the decedent, her only other distributees. There is no person named or referred to in the will who has not appeared in this proceeding by an attorney and, consequently, there is no person who must be served pursuant to SCPA 1411.The matter is scheduled for a conference before the court on June 21, 2018 in courtroom 406, at 9:30 A.M., at which all counsel are directed to appear ready to discuss the underlying issue and set a schedule for disclosure. The proponent shall mail a copy of this decision to the objectants’ counsel and shall file proof of such service on or before June 18, 2018.The Chief Clerk shall mail a copy of this decision, which decision constitutes the order of the court, to counsel for the proponent.Proceed accordingly.May 29, 2018
ESTATE OF DOMINGO HUERTAS, Deceased (18/796) — In this application by the decedent’s spouse who is the administrator solely for the purpose of obtaining information regarding the decedent’s testamentary and non-testamentary assets in order to assert a right of election, the limited administrator seeks to restrain the New York City Employee Retirement Service (NYCERS) from dispersing any death benefit or continuing benefits to as yet unknown named beneficiaries. On the return date of the application, NYCERS appeared and the matter was marked submitted, without opposition.Accordingly, upon the petitioner serving a copy of this decision and order on NYCERS, NYCERS shall be restrained from dispersing or paying any funds in the manner requested by the petitioner, pending further order of the court. The temporary restraining order shall continue until service upon NYC ERS, at which time, it shall be lifted. This decision constitutes the order of the court.Proceed accordingly.May 29, 2018