DECISION and ORDER This is an application, in the estate of decedent Lara Prychodko, for limited letters of administration (SCPA 702 [9]) by Petitioners Nicholas Prychodko (decedent’s father, who resides in Canada) and Lance Meyerowich (a friend and New York State resident), for the purpose of bringing a wrongful death claim against decedent’s estranged spouse, David C. Schlachet, and his “co-conspirators.” Mr. Schlachet is the Administrator of decedent’s estate. According to decedent’s death certificate, she died, or was found dead on July 10, 2018. In addition to Mr. Schlachet, she was survived by their son who is now 15 years old. Petitioners allege that decedent’s body was discovered at the bottom of a trash chute after falling from the 27th floor of a Manhattan apartment building where she had been staying at the time. Petitioners further allege, upon information and belief, that decedent was murdered by Mr. Schlachet with the help of others. On the April 2, 2021, return date of the Order to Show Cause, Mr. Schlachet appeared by counsel. Since no answering papers had been filed in advance of appearances, after hearing oral argument from both sides the court set a briefing schedule for the parties to address the issues — raised during the oral argument — of Petitioners’ standing and, assuming that they did have standing, whether the court would have to consider the merits of the underlying cause of action, the prosecution of which is the reason letters are being sought. The additional submissions were filed within the timeframe provided. Mr. Schlachet opposes the application based on lack of standing. More specifically, he notes that he and decedent’s son are her sole distributees. That is so under EPTL 4-1.1(a)(1), as well as for purposes of the statute relating to wrongful death actions (EPTL 5-4.4). He adds that Petitioners do not fit any of the categories of individuals listed in SCPA 1002 (1) — such as creditors or a “person interested” (see SCPA 103 [39]) — who are permitted to file a petition for the appointment of an administrator. Whether Petitioners have the legal authority to commence this proceeding requires a determination that Petitioners have standing. Standing “goes to the jurisdiction of the court” and is a threshold issue that must be determined at the outset (Saratoga County Chamber of Commerce v. Pataki, 100 NY2d 801, 812 [2003]). Once it is determined that a petitioner lacks standing to make an application, the other issues are moot (id.). The court agrees with Mr. Schlachet that Petitioners lack standing. The authority on which Petitioners rely for their suggestion that “whether Petitioners are distributees or interested in Decedent’s estate is not relevant for purposes of granting limited letters of administration or bringing a wrongful death action” does not address the issue of standing to petition for letters under SCPA 1002.1 Petitioners also focus on a different — though related — issue: whether, in an application for limited letters under SCPA 702, the court is bound by the order of priority for issuance of letters of administration established by SCPA 1001. The court notes that Matter of Van Boom (2 Misc 3d 1011[A]; 2004 WL 834488 [Sur Ct, Nassau County 2004]), on which Petitioners rely, addresses this different issue but in the context of a petition for the issuance of limited letters of administration filed by a distributee of the decedent (a person with standing under SCPA 1002). Because Petitioners do not have standing to apply for the appointment of a fiduciary for this estate, their petition is dismissed. This decision constitutes the order of the court. The clerk is directed to email a copy of this decision to counsel for each of the parties. Date: August 30, 2021
