Surrogate AndersonESTATE OF MARIO MARINELLI, Deceased (14-2458/A) — In this final accounting of the Public Administrator in the estate of Mario Marinelli, the court is asked to determine the identity of decedent’s distributees. Based upon the proof submitted at a kinship hearing before a court attorney-referee, the court finds that decedent was survived by one son.The court is satisfied that diligent and exhaustive efforts have been made, without success, to determine whether other distributees exist, that more than three years have passed since decedent’s death, and that no claim to a distributive share in the estate has been made by any person other than the above-mentioned distributees. It is therefore determined that no distributees exist other than those established in the record before the court (SCPA §2225).Accordingly, the Public Administrator is directed to distribute the net estate to Anthony Marinelli.The Public Administrator shall supplement her account by affidavit and as so supplemented the account is settled.Settle decree.Dated: May 23, 2019
ESTATE OF ROBERT V. ZITO, Deceased (17-183/C) — This petition for leave to allocate and distribute the proceeds of the settlement of the causes of action for the conscious pain and suffering and wrongful death of Robert V. Zito arising out of his exposure to asbestos, and to distribute the proposed net settlement proceeds, is granted.The allocation of the settlement proceeds 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death against defendant as set forth in the petition is approved. The net proceeds of the settlement for the cause of action for conscious pain and suffering shall be distributed pursuant to EPTL §4-1.1 as set forth in the petition. The net proceeds of the settlement for the cause of action for wrongful death shall be distributed pursuant to EPTL §5-4.4 as set forth in the petition. Attorney’s fees and disbursements were fixed by order of the Supreme Court, New York County.The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement proceeds and to execute the necessary receipts and releases with respect to defendant, U.S. Mineral Products Company, now being administered through U.S. Mineral Products Company Trust. The restrictions shall remain in full force and effect with regard to any remaining defendants and causes of action.The filing of a bond is dispensed with.Decree signed.Dated: May 22, 2019
