Surrogate Malave-Gonzalez THE GUARDIANSHIP OF ABIR O., Pursuant to SCPA Article 17-A (19-1953) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as co-guardians 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 co-guardians 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 petitioners and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent’s guardians. Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Shamsun N.F. and Mahmudul H. O., his parents. His uncle, Mustafa E., is appointed standby guardian to serve when the primary guardians are no longer able to do so. The successor guardian shall assume his duties of office subject to qualification and confirmation pursuant to SCPA 1757. The Acting Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioners. Decree signed. December 23, 2019
ESTATE OF BENEDETTO BERARDI, Deceased (15-671/C) — The administrator, the decedent’s daughter, seeks to judicially account for the remaining settlement proceeds of causes of action arising from the events leading to the decedent’s death 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 attorney’s fees and disbursements. The decedent died intestate on February 14, 2015. The decedent’s distributees are the petitioner and a son. Similar applications were approved previously. Under the circumstances presented, including the consents of the son and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims, the court grants the request to allocate 90 percent the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death action. The net distributable proceeds of each cause of action are to be paid to the decedent’s children in equal shares. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action. Decree signed. December 16, 2019
