Surrogate GiganteESTATE OF ARIUS BELIZAIRE, Deceased (16/113/A) — The Limited Administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters of Administration issued by this Court on August 11, 2016, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.Jurisdiction over all necessary parties, including the New York State Department of Taxation and Finance, has been obtained.Upon review of all the papers, the application to modify the limitations contained in the Limited Letters of Administration issued by this Court on August 11, 2016 and to settle the claim for the wrongful death/personal injury on behalf of the decedent in the amount of $350,000.00 is approved. The entire proceeds are allocated to the cause of action for personal injury.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $104,349.14 to Burns & Harris, Esqs. Additionally, reimbursement to Burns & Harris, Esqs., for additional legal disbursements in the amount of $1,205.00 is allowed. Antonio Belizaire shall be paid $8,947.00 as reimbursement for the payment of decedent’s funeral expense. Adele Belizaire shall be paid $14,500.00 as statutory commissions. The Bank of America N.A. shall be paid $6,032.50 as payment of their claim.The Court has reviewed all the papers and evidence submitted regarding the paternity of Ashley Belizaire and Harold Belizaire II. Additionally, jurisdiction has been obtained over all adversely affected individuals and no opposition to the requested paternity relief has been filed with the Court. Accordingly, the Court hereby determines that paternity has been established by clear and convincing evidence, and that the decedent openly and notoriously acknowledged the children as his own. The requirements of EPTL 4-1.2 having been met, Ashley Belizaire and Harold Belizaire II are hereby determined to be the distributees of Arius Belizaire, deceased.The net balance in the amount of $179,966.36 shall be distributed as follows: $29,994.39 to Adele Belizaire; $29,994.39 to Alain Belizaire; $29,994.39 to Alfred Belizaire; $29,994.39 to Antonio Belizaire; $7,498.60 to Jabari Freeman; $7,498.60 to Rodney Jean-Jacques; $7,498.60 to Diana Jean-Jacques; $7,498.60 to Natasha Curtis; $14,997.20 to Ashley Belizaire; and $14,997.20 to Harold Belizaire II.Incidental relief prayed for is granted.Submit Decree upon Notice of Settlement to all interested parties.Dated: March 23, 2018
ESTATE OF JUANA MONTALVO COLON, Deceased (A/141/04/A) — In this compromise proceeding, it appears that unknown distributees, and distributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints James Valentino, Esq., as the Guardian ad Litem to protect the interest of such parties.The appointment is effective upon the Guardian ad Litem filing Form UCS 872 entitled “Notice of Appointment and Certification of Compliance,” and upon the Guardian ad Litem duly qualifying pursuant to Uniform Rules for the Surrogate’s Court Section 207.13(A).This decision shall constitute the Order of the Court. Dated: May 3, 2018
