Surrogate Gigante ESTATE OF JOHANNA M. GILBERT, A/K/A JOHANNA GILBERT, Deceased (19-529; 19-529/A) — Petitioner seeks to admit to probate a testamentary instrument, dated April 4, 2019, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary and Letters of Trusteeship to the petitioner herein. Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of infant distributees, have filed his 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 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 April 4, 2019, is hereby admitted to probate. Letters Testamentary shall issue to Nathaniel C. Toth, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article FOURTH of decedent’s Will. Letters of Trusteeship shall issue to Nathaniel C. Toth f/b/o Alayne C. Gilbert and Victoria R. Gilbert, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article FOURTH of decedent’s Will. Decree signed. Dated: September 9, 2019 ESTATE OF WIERA MICHALCZUK, Deceased (18-934/A) — The limited administratrix of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 20, 2018 so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury claim in the amount of $52,000.00 is approved. All proceeds are allocated to the cause of action for personal injury. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $16,991.66 to the Law Firm of Lucarelli & Castaldi, LLP. The net balance in the amount of $35,008.34 shall be paid to Teresa Zielik, a/k/a T. Zielik, as Administratrix of the Estate of Wiera Michalczuk, to be distributed pursuant to EPTL 4-1.1. Incidental relief prayed for is granted. Decree signed. Dated: July 3, 2019 ESTATE OF SALVATORE SANFILIPPO, A/K/A SALVATORE SAN FILIPPO, Deceased (17-127) — In this probate proceeding, it appears that unknown distributees, and/or distributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2). Accordingly, the Court appoints Peter J. Weinman, Esq., as the Guardian ad Litem to protect the interest of such parties. 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 19, 2019 ESTATE OF WALTER A. URBANSKI, JR. A/K/A ALBERT URBANSKI, Deceased (12-216/R) — This is an application to compromise a wrongful death/personal injury cause of action against several defendants in a multiple defendant lawsuit brought on behalf of decedent’s estate. This Court, by prior orders granted compromise applications as against several co-defendants. Limitation remained within the Letters Testamentary as against non-settling defendants. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death and conscious pain and suffering causes of action in the amount of $75,000.00 is approved. The allocation of the net proceeds shall be 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death. Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $25,203.80 to Weitz & Luxenberg, P.C. The net balance in the amount of $49,796.20 shall be paid as follows: $29,877.72, payable to Thomas W. Urbanski and Susan A. Polise, as co-executors of the estate of Walter A. Urbanski, Jr., to be distributed pursuant to the terms of decedent’s Will for the portion of the settlement allocated to conscious pain and suffering; and $19,918.48 to Barbara A. Urbanski, as surviving spouse and sole beneficiary suffering a pecuniary loss for the portion of the settlement allocated to wrongful death. The limitations within the Limited Letters Testamentary shall remain in effect, as against any other parties, and any and all other civil actions, until further Order of the Court. Incidental relief prayed for is granted. Decree signed. Dated: June 28, 2019
DECREES SIGNED MATTER OF THOMAS SANTAGATA; Ralph T. Johnsen; Jeanette Kirkland; William J. Ellicott; Joseph J. Martin; Thomas Gitto; Nicanor Alejandria; Joseph Gallagher; Peter Velez; Nancy J. Santapaola; Richard V. Mingoia; Glory E. Manak; Arthur P. McConnell; Venere Jorgensen; Gaetano J. Barrese.
