ESTATE OF CAROLYN FIRESIDE, Deceased (15-184/A) — In this contested accounting proceeding, the Public Administrator (“PA”) seeks leave to restore to the court’s calendar a motion seeking to dismiss objections filed in March, 2019 by the former attorney for two alleged cousins of the decedent (“the objectants”), who has been suspended from the practice of law (“former counsel”). The motion seeks dismissal for failure to prosecute, on the ground that the objectants failed to submit the required documentation of their kinship claims for the matter to proceed to a hearing. The two objectants, former counsel, the Attorney General (“AG”) and the guardian ad litem (“GAL”) appointed for unknown distributees were notified to appear at a conference with the court. At the initial conference, which was held on the court’s virtual platform, counsel for the PA, AG and the GAL attended remotely. Neither former counsel nor the objectants appeared, and the court adjourned the conference and directed supplemental notice to be served upon the objectants. On the adjourned date of that conference, counsel for the PA, AG and the GAL again appeared remotely, and both objectants appeared remotely pro se and were afforded additional time to obtain new counsel and/or file opposition to the application to restore the motion. On the second adjourned date, all parties appeared remotely and after a discussion held with the court, the objectants, who remained pro se, allocuted on the record that they did not intend to obtain new counsel at this time and withdrew their objections to the accounting. The objectants also consented to the payment of the net distributable proceeds of the decedent’s estate to the Commissioner of Finance of the City of New York for the benefit of those who may thereafter prove entitlement thereto. The Attorney General and guardian ad litem also consented to this relief. In the absence of opposition and the failure of the objectants to timely proceed to the kinship hearing, this decision constitutes the order of the court marking the objections “withdrawn” without prejudice to the right of any alleged distributee seeking to prove their status as a distributee in a future proceeding (see 22 NYCRR §207.25 [b]; Matter of Anderson, NYLJ, July 25, 2011 at 18, col 5 [Sur Ct, Bronx County 2011]). The Chief Clerk is to mail a copy of this decision and order to counsel for the PA, the AG, the GAL, Constance Levy and Lynn Fireside. Settle decree. April 5, 2022
ESTATE OF ELIJAH SOLOMON ARTIS, Deceased (15-997/A) — The administrator, the decedent’s mother, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds. The five-year-old decedent died in an apartment fire on October 25, 2013 along with two siblings. His distributees are his parents. Citation issued to the New York Yankees, the payer of the decedent’s funeral expenses, and it did not appear at the hearing held on the court’s virtual platform or indicate opposition to the court to date. Under the circumstances presented, including the consents of the decedent’s father and the New York State Department of Taxation and Finance, the lack of any debts or claims presented herein, and that the decedent died at the accident scene, the request to allocate the entire proceeds to the wrongful death cause of action is granted. Counsel fees are allowed in the sum requested. Disbursements are to be paid by the petitioner from her separate recovery. The net distributable proceeds are to be paid to the parents in equal shares (EPTL 4-1.1 [a] [4]). Submit decree. April 7, 2022
