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Richmond County, Surrogate's Court:February 25, 2020

Richmond County, Surrogate's Court:February 25, 2020

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Surrogate Titone

ESTATE OF ANNA LUONGO, Deceased (19-381; 19-381/A) — On February 5, 2020, counsel for petitioner presented an affirmation in support of petitioner’s application to obtain jurisdiction over the remaining cited parties to whom the citation was mailed by United States Postal certified and regular mail based upon the regularity of the United States Postal mail service. The citation was noted as served upon James Albert and Martin Albert as evidenced by a tracking receipt; yet, no certified mail green card was returned. Further, the regular mail was not returned as undeliverable. Counsel for petitioner filed an affidavit of service, dated January 29, 2020, attesting to same. Therefore, after review of the file and petitioner’s application, jurisdiction is deemed complete on James Albert and Martin Albert (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 April 29, 2020 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. Dated: February 14, 2020

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