Surrogate Malave-Gonzalez
ESTATE OF CHRISTIAN H. NAUGHTON, Deceased (21-820) — In this application by an alleged creditor, a plaintiff in an underlying action involving the decedent, seeking the issuance of letters of administration to the Public Administrator, it appears jurisdiction is complete and there was no appearance in opposition on the court’s virtual calendar, nor has any objection been received by the court to date. The Public Administrator submitted an affirmation consenting to accepting letters limited to receiving service of process in the underlying action subject to any insurance policy or other coverage, without a duty to defend. Accordingly, the petition is granted and letters of administration shall issue to the Public Administrator as consented. Settle decree. February 10, 2022 CLOVIBERT LEROY NILES, also known as CLOVI BERT L. NILES, also known as VIBERT NILES, Deceased (20-960/A) — The administrator, the decedent’s spouse, seeks to remove the restrictions on her limited letters of administration so that she may distribute the settlement proceeds of a personal injury cause of action. The decedent sustained injuries on April 29, 2019 due to alleged workplace negligence and died intestate on April 1, 2020 of unrelated causes. Citation issued to the decedent’s other distributees, three sons and two daughters, and there were no appearances in opposition on the virtual hearing date, nor was any opposition to the application received by the court to date. The New York State Department of Taxation and Finance also consents to the relief requested. Counsel fees and disbursements are allowed in the sums requested. The sum of $4,755.29 to be paid to the U.S. Internal Revenue Service for its tax lien. The sum of $152.89 is to be paid to CMS for its Medicare claim. The sum of $9,794.35 is to be paid to the NYS Insurance Fund for its Worker’s Compensation claim. The net distributable proceeds are to be paid to the decedent’s spouse and children pursuant to EPTL 4-1.1 [a] [1]. Submit decree. February 10, 2022