Surrogate Malave-Gonzalez THE GUARDIANSHIP OF DEREK M. S. Pursuant to SCPA Article 17-A (19-1681) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person. Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian appeared and the court waived the appearance of the respondent based upon the medical certifications, it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that he lacks the capacity to make health care decisions. The court is further satisfied that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian. Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Felicia S. The Acting Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner. Decree signed. November 21, 2019
ESTATE OF DOROTHY BUXTON, Deceased (15-2255/A) — The administrator, one of the decedent’s daughters, seeks to remove the restrictions on her limited letters of administration so that she may distribute the settlement proceeds of a personal injury cause of action. The decedent sustained injuries as a result of alleged custodial negligence and died intestate on February 20, 2015, of unrelated causes. Her distributees are the petitioner and eight other children, including a post- deceased daughter. Seven other children, the administrator of the estate of the post-deceased daughter and the New York State Department of Taxation and Finance consent to the relief requested. Counsel fees and disbursements are allowed in the sums requested. The sum of $28,039.26 is to be paid to CMS for its Medicare claim. The net distributable proceeds are to be paid to the decedent’s children in equal shares (see EPTL 4-1.1 [a] [3]). Decree signed. November 18, 2019
