Surrogate GiganteESTATE OF KATHLEEN DESGRO, Deceased (18/926) — In this probate proceeding, it appears that Daniel V. Esposito, an Infant, is a necessary party, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints Orin Cohen, Esq., as the Guardian ad Litem to protect the interest of such party.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: November 1, 2018
ESTATE OF UGO A. GALLO, A/K/A UGO GALLO, A/K/A YUGO GALLO, Deceased (17/1192) — Petitioner seeks to admit to probate a testamentary instrument, dated May 29, 2017, which purports to be the Last Will and Testament of the within decedent and to issue Limited and Restricted Letters Testamentary to the petitioner herein.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an infant distributee, has filed her report recommending that the Will be admitted to probate.The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Limited and Restricted Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated May 29, 2017, is hereby admitted to probate.Upon review of the report of the Guardian ad Litem, it appears that certain causes of action may exist in favor of the estate. Additionally, there exists a pending foreclosure action regarding decedent’s real property. Accordingly, the decree of probate and letters testamentary shall limit the authority of the executrix thereunder to the defense of the pending foreclosure proceeding, as well as prosecution of said causes of action, and the executrix is hereby restrained from the compromise of such actions and enforcement of any judgment recovered therein, until the further Order of this Court, upon filing satisfactory security.Additionally, due to the allegations made in the petition, the executrix is restricted to the collection of all other estate assets.Limited and Restricted Letters Testamentary shall issue to Domenique Marie Gallo, she having duly qualified according to law, without the necessity of posting a bond, pursuant to Article IV of decedent’s Will.Decree signed.Dated: December 26, 2018
