DECISION Decedent Charles Berman died intestate on May 13, 2008, and proof as to the identity of decedent’s distributees was insufficient at the time the New York County Public Administrator petitioned for the judicial settlement of her account in 2009. By Decree of this court dated September 14, 2009, decedent’s net estate was placed on deposit and the funds are now being held by the Comptroller of the State of New York. In this instant application Petitioners, the attorney-in-fact for two alleged distributees and the Administrator of the estate of another alleged post-deceased distributee, seek to withdraw such funds held by the Comptroller. Petitioners asserted that, despite diligent and exhaustive efforts to search all available sources to ascertain the existence of distributees, there are no other distributees than four maternal first cousins once removed, and request a kinship determination accordingly (see SCPA 2225). The Attorney General of the State of New York (“AG”), as a statutory party to this proceeding, filed a notice of appearance and the Public Administrator of the County of New York was appointed to protect the interests of decedent’s unknown distributees (see SCPA 316; 1123[2][i][3]). Pursuant to a stipulation of settlement filed with the court on November 23, 2020, the parties resolved a dispute regarding the legal and finder fees, along with reimbursement to counsel of certain itemized disbursements, memorialized in the stipulation, and subject to which the AG withdrew her Answer and request for a hearing on this issue.1 Based upon the proof submitted at three kinship hearings before a court attorney-referee on January 30, 2019, September 11, 2019 and January 15, 2020, and the report of the Public Administrator, the court finds that the decedent was survived by four maternal first cousins once removed: Michael Baron, Blanche Katz, Judith W. Aran and Sandie M. Stern,2 and that decedent was not survived by any paternal distributees. The court is satisfied that Petitioners have made diligent and exhaustive efforts from all available sources to determine the existence of other distributees, and, therefore, holds that no other distributees exist except those whose status is established in this record (SCPA 2225). Accordingly, the State Comptroller is directed to divide the funds on deposit, plus accrued interest, into four equal shares and the pay the funds, after deducting the fees and charges as provided by law, attributed to the shares passing to Michael Baron and to Blanche Katz, to Regina Rabinoff as their attorney-in-fact and pay the funds attributed to the share passing to Judith W. Aran to Scott Aran, as Administrator of the Estate of Judith W. Aran. The funds attributed to the share passing to Sandie M. Stern shall be kept on deposit for the benefit of her estate. Petitioners are directed to settle a decree reflecting the terms of the stipulation and providing for compensation for counsel for the Public Administrator. Dated: August 31, 2021
