ESTATE OF EDWARD ORGOGLIOSO, Deceased (19-25/A) — Decedent died intestate on January 16, 2016. The Public Administrator now petitions to settle her account as administrator of his estate, and requests that the court determine the identity of decedent’s distributees and approve her rejection of a claim asserted by Emilio Del Priore MD, c/o BAC Services, LLC Agency, in the amount of $5,840.83 for failure to comply with the provisions of SCPA 1803(1). A kinship hearing was requested by certain alleged distributees, having Objected to the petition to the extent that it failed to identify them as decedent’s distributees. A guardian ad litem was appointed to protect the interests of decedent’s unknown distributees (SCPA 403). Objectant Richard Girard Capello, an alleged nephew of decedent, died during the pendency of this proceeding, and the Administrator of his Estate has appeared by counsel in this proceeding and the parties have stipulated to her substitution (see CPLR 1021). Based upon the proof submitted at a kinship hearing held before a court attorney-referee on January 13, 2021, as well as additional submissions made on the consent of the parties after the hearing, and the report of the guardian ad litem, the court finds that the decedent was survived by a niece, Marianne Lanza DiAngelo, a nephew, Richard Girard Capello (post-deceased), two grandnephews, Michael John Capello and Christopher Joseph Capello, and a grandniece, Lauren Marie Capello. Accordingly, the Public Administrator is directed to distribute one-third of the net estate to Marianne Lanza DiAngelo, one-third of the net estate to the estate of Richard Girard Capello, post-deceased, and one-ninth of the net estate to each of Michael John Capello, Christopher Joseph Capello and Lauren Marie Capello, pursuant to EPTL 4-1.1 (a)(5). Claimant Emilio Del Priore MD was served with process directing him to show cause why his claim should not be rejected and has defaulted. Thus, the court approves the Public Administrator’s rejection of this claim (SCPA 1803[1]). As to the substitution of the deceased party, Richard Girard Capello, by the duly appointed personal representative of his estate, Tara E. Andrade, this decision constitutes the order of the court directing such substitution(CPLR 1015[a]). The Public Administrator shall supplement her account by affidavit and, as so supplemented, the account is settled. Settle Decree. Dated: June 27, 2022
