In this contested proceeding, in which the Public Administrator, the administrator d.b.n., seeks to state an account on behalf of the respondent, the former administrator, the decedent’s maternal aunt whose letters were revoked and against whom surcharge is sought (see Matter of Holman, NYLJ, Nov. 8, 2013 at 23, col 3 [Sur Ct, Bronx County 2013]). The respondent and all of the other distributees defaulted and objections were filed by the bond surety. Thereafter, all issues were settled pursuant to a written stipulation entered into between counsel for the Public Administrator and the surety. The stipulation provides, inter alia, that: (1) the objections filed by the surety to the stated account are withdrawn; (2) the surety is to pay a certain sum to the Public Administrator in satisfaction of all claims that might be asserted by the administrator d.b.n. and the estate; (3) the bond is to be discharged and cancelled; (4) the Public Administrator is to update her account reflecting said payment and submit a decree reflecting that the former administrator defaulted and is to be surcharged a certain sum consisting of the amount of alleged converted estate assets plus statutory interest from April 28, 2009, the date of alleged conversion, to April, 2018, the date of the stated account, for which the former administrator is personally liable; (5) the Public Administrator is to assign to the surety all rights to enforce and execute on the decree and judgment to be docketed thereon up to the amount paid by the surety but retains the right to recover any sums above that amount; (6) should the surety collect from its enforcement efforts any sum in excess of the sums it advanced, it shall promptly pay any excess recovery to the Public Administrator, to be applied against the balance of the surcharge; and, (7) although the surety waives notice of settlement of the decree, it is to be provided with a courtesy copy.The uncontroverted allegations contained in the verified petition that, on or about April 28, 2009, the respondent converted estate assets totaling $209,286.99 consisting of all of the proceeds of the decedent’s investment account is deemed due proof thereof (see SCPA 509). Accordingly, she is to be surcharged the sum of $378,809.19 consisting of $209,286.99 in converted estate assets, plus $169,522.20 in 9 percent statutory interest calculated thereon for the period from the date of the effectuated conversion, April 28, 2009, to the date of the stated account, April 10, 2018, for which she is personally liable.Accordingly, this decision constitutes the order of the court marking the objections “withdrawn” and the proceeding “settled” in accord with the terms of the parties’ written stipulation and surcharging the former administrator in the sum of $378,809.18. The Public Administrator is to update her account and submit a decree in accord with the parties’ stipulation.Submit decree.
