On October 22, 2019, petitioner through counsel filed written application to obtain jurisdiction over the following parties: Philippa Elizabeth Beardsley; Rebecca Stanley Beardsley; Seth Crooks Beardsley; Reuel E. Warriner, Jr., Doris S. Warriner; Edgar T. Warriner; Kelsey K. Warriner; Emily Bo Stanley; Chloe Nancy Stanley; Luc Patrick Stanley; Kendall Grace Carcaterra; Ashley Brooks Carcaterra; Nathan R. Warriner; Reese P. Warriner; Brynn K. Warriner; Nicholas R. Warriner; and Alexander R. Warriner. Admissions of service have been filed and accepted by the court on October 22, 2019 by the parents of Emily Bo Stanley, Chloe Nancy Stanley, Luc Patrick Stanley, Ashley Brooks Carcaterra, Kendall Grace Carcaterra, Nathan R. Warriner, Reese P. Warriner, and Brynn K. Warriner. Therefore, jurisdiction is deemed complete over Emily Bo Stanley, Chloe Nancy Stanley, Luc Patrick Stanley, Ashley Brooks Carcaterra, Kendall Grace Carcaterra, Nathan R. Warriner, Reese P. Warriner, and Brynn K. Warriner. Petitioner through counsel has filed an affidavit requesting that service over Reuel E. Warriner, Jr. be dispensed with due to his death. Upon review of the file and parties cited, the post-deceased distributees of Reuel E. Warriner have been served in this proceeding. This application is granted and service over the Estate of Reuel E. Warriner, Jr. is dispensed with. Further, the citation was mailed by United States Postal Service by certified mail, return receipt, and regular mail based upon the regularity of the United States Postal Mail Service. The citation was noted as served upon Alexander R. Warriner, Nicholas R. Warriner, Kelsey K. Warriner, Edgar T. Warriner, Rebecca Stanley Beardsley, Doris S. Warriner, Seth Crooks Beardsley, as evidenced by a tracking receipt. No certified-mail, green receipt cards were returned for Rebecca Stanley Beardsley, Seth Crooks Beardsley, and Philippa Elizabeth Beardsley. Certified-mail, green receipt cards were returned and signed from Alexander R. Warriner, Nicholas R. Warriner, and Edgar T. Warriner. A certified-mail, green receipt card was returned, unsigned, by Kelsey K. Warriner. None of these parties have appeared in court on the return date of the citation. Further, the regular mail was not returned as undeliverable. Counsel for petitioner filed an affidavit of service, dated September 30, 2019. Therefore, after review of the file and petitioner’s application, jurisdiction is deemed complete (see Engel v. Lichterman, 62 NY2d 943 [1984] [holding that a properly executed affidavit of service creates a presumption of receipt based on proof of proper mailing]; see also Abdelqader v. Abdelqader, 120 AD3d 1275 [2d Dept 2014]). Accordingly, it is hereby ORDERED, that the application is granted, and jurisdiction is now deemed complete. All interested parties shall appear on January 22, 2020 at 9:30 a.m. in Surrogate’s Court, Richmond County, 18 Richmond Terrace, Staten Island, New York, for control and such other proceedings as deemed necessary by the Surrogate. This decision shall constitute the order of this Court. Dated: December 6, 2019
