ADDITIONAL CASES Cross-Petition of Vilma Ramirez to Probate the Last Will and Testament of Mady Eckstein, Decedent; 2019-109/B Petition by Vilma Ramirez to Determine the Validity and Enforceability of a Claim in the Estate of Mady Eckstein, Decedent; 2019-109/D DECISION and ORDER The court has been informed that the parties to an SCPA 1809 proceeding to determine the validity of a claim asserted by Rena Crisp against the estate of decedent Mady Eckstein, have resolved their disputes, pursuant to a settlement agreement dated February 27, 2020, and filed in this court on March 28, 2020. Pursuant to paragraph 13 of their agreement, the parties agreed to “take such actions and deliver such documents that are customarily or necessary to…withdraw, discontinue or resolve all claims between the[m] in any surrogate’s [sic] court proceeding relating to and/or concerning the Estate of Mady Eckstein.” The parties, however, have not filed with the court any instrument or document discontinuing any of the above-captioned proceedings currently pending before the court. It appears that the portion of the SCPA 1809 petition relating to Ms. Crisp’s claims has been rendered moot by the parties’ agreement, and it will be dismissed accordingly in 90 days from the date of this decision unless by such date, petitioner Vilma Ramirez has filed a submission identifying a basis for concluding that the settlement has not mooted the portion of the 1809 petition in question. The balance of Ms. Ramirez’s 1809 petition challenges a claim for fees, in respect of legal services to decedent, made by John J. Ferguson, Esq., and Ferguson Cohen LLP. Neither of those respondents has appeared in the proceeding. It has been more than one year since the application’s return date, but petitioner has taken no steps to move the proceeding forward. Moreover, the Ferguson firm began to represent Ms. Ramirez when the attorney who had originally represented Ms. Ramirez in this proceeding resigned. Under such circumstances, and in this court’s supervisory capacity, the portion of Ms. Ramirez’s petition relating to the claims for legal fees will be dismissed unless within 90 days of the date of this decision, Ms. Ramirez files a note of issue. Also pending before this court are competing petitions for probate of an instrument dated November 12, 2018, under which, Ms. Crisp, who is decedent’s daughter, was disinherited. Ms. Crisp, who would be the sole distributee of her mother’s estate, had petitioned for the probate of the instrument and sought also to have her son, Peter Crisp, appointed as administrator C.T.A. Ms. Ramirez, the nominated executed and major beneficiary under the propounded instrument, had cross-petitioned for probate and had obtained preliminary letters testamentary. No objections to the probate of the propounded instrument, as the last will and testament of Mady Eckstein, have been filed other than Ms. Crisp’s objections to the appointment of Ms. Ramirez as executor. Ms. Crisp’s stake in such testamentary appointment, however, was limited to her being a creditor of the estate, a status that the parties’ settlement appears to eliminate. Although the dispute at the core of the contested probate proceeding seems to have been resolved, nevertheless, as noted above, the agreement does not clearly discontinue either of the competing probate proceedings. Unless the parties, by affidavit or attorney’s affirmation, file with the court, no later than 90 days from the date of this decision and order, an affidavit explaining their intentions to proceed with the petition or cross-petition to probate the will of Mady Eckstein, the proceeding(s) will be dismissed for failure to prosecute (SCPA 209[8]; CPLR 3216; see Bort v. Perper, 82 AD3d 692, 694 [2d Dept 2011]; Koscinski v. St. Joseph’s Med. Ctr., 24 AD3d 421, 421-422 [2d Dept 2005]), and the preliminary letters testamentary that heretofore issued will be revoked. This decision constitutes the order of the court. Clerk to notify by sending a copy of this decision, by certified mail, to Rena Crisp and Vilma Ramirez. Dated: July 9, 2021
