Surrogate Malave-GonzalezIN THE MATTER OF THE GUARDIANSHIP OF BRUCE O., PURSUANT TO SCPA ARTICLE 17-A, Deceased (18-54) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardians appeared and the court waived the respondent’s appearance based upon the medical certifications, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he lacks the capacity to make health care decisions, and that the petitioners and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent’s guardians, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Maria O. and Carlos O., his parents. His sister, Karlo O., is appointed standby guardian to serve when the primary guardians are no longer able to do so. The successor guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk is to mail a copy of this decision and the decree to the pro se petitioners.Decree signed.February 5, 2019
ESTATE OF CALIXTE A. RODOLPHE, ALSO KNOWN AS CALIXTE RODOPHE, Deceased (12-1193/A) — The executor, the decedent’s daughter, seeks to distribute from her attorneys’ escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees, disbursements, and a Medicare claim.The decedent died on April 29, 2010. In addition to the petitioner, his distributees include a spouse and another daughter. A consent was filed by the spouse. Jurisdiction was obtained over the other daughter, who was over the age of 21 at the time of the decedent’s death, and she defaulted. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 90 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the executor. The funds allocated to wrongful death are to be paid to the decedent’s spouse. The restrictions imposed upon the executor and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Submit decree.January 25, 2019
