Surrogate Titone IN THE MATTER OF THE ESTATE OF LENA BISOGNA, Deceased (P-459/01/B) — In this contested accounting proceeding, Deborah Bisogna (“Movant”) filed a motion for summary judgment on June 17, 2019, and oral argument took place before the Surrogate on June 26, 2019. PROCEDURAL HISTORY The Court via decision and order dated June 23, 2017 directed the Movant to file an Amended Accounting to: 1. provide clarification as to any reimbursements of past paid or future legal fees; 2. include the decedent’s interest in 65 Lakeview Boulevard, Edison, New Jersey as an asset of the estate. All other objections to the accounting were previously dismissed in the above-mentioned decision. An amended accounting was filed by the Movant for the time period December 14, 2001 to March 15, 2018. Objections to the amended accounting were filed by Joseph Bisogna (“Respondent”) on April 12, 2019. Further, Respondent filed an Affidavit in Opposition on June 24, 2019. Subsequently, Movant filed an Affirmation in Reply on June 26, 2019. DISCUSSION Movant prays for an Order pursuant to CPLR 3212(b) granting summary judgment on the petition for a judicial accounting and dismissing the objections to the accounting and amended accounting. Upon review of the papers filed and oral argument, the motion for summary judgment is granted in its entirety. The decision and order of the Court dated June 23, 2017 and the decision of the Court shall dismiss all objections that are filed. CONCLUSION Inasmuch as the account of proceedings covered an accounting period up to March 15, 2018, the fiduciary is directed to submit upon Notice of Settlement a final accounting decree with an affidavit bringing her account up to date. Further the Movant is directed to submit an Affidavit of Legal Services pursuant to Uniform Rules of the Surrogate’s Court 207.45. This matter is returnable for the status of the submission of the Decree on the Court’s calendar of November 6, 2019 at 9:30 AM pursuant to Uniform Rule 207.37(c). Submit Decree upon Notice of Settlement. Dated: September 20, 2019
IN THE MATTER OF THE ESTATE OF FRANCESCO LAZZARA, a/k/a FRANK LAZZARA, Deceased (19-609) — In this Probate proceeding, it appears that Romina Lazzara, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2). Accordingly, the Court appoints Paul Ostensen, 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: July 16, 2019
