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Surrogate Mella

ESTATE OF EWALD BILLIG, A/K/A EWALD R. BILLIG, Deceased (03-0299/B) — This is an application in the estate of Ewald R. Billig, to withdraw funds deposited with the Office of the Comptroller of the State of New York for the benefit of the unknown distributees of decedent Ewald R. Billig.Based upon the proof submitted at a hearing before a court attorney-referee, the court finds that decedent was survived by a daughter, Deianna Preda. The Public Administrator appeared in this proceeding pursuant to SCPA 1123(2)(i)(3) (see Matter of Ullerich, 178 Misc 2d 62 [Sur Ct, Nassau County 1999]), attended the hearing and her counsel submitted an affirmation also concluding that Ms. Preda is decedent’s sole distributee. The court is satisfied that a diligent and exhaustive search has been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent’s death, and that no claim to a distributive share in the estate has been made by any person other than decedent’s daughter. It is, therefore, determined that there are no distributees other than Ms. Preda (SCPA 2225).Accordingly, the Comptroller of the State of New York, after deducting fees and charges as provided by law, is directed to pay the funds on deposit and accrued interest to Deianna Preda (EPTL 4-11.1 [a][3]).Settle Decree providing for compensation for counsel to the Public Administrator.Date: October 5, 2018

 
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