GUARDIANSHIP OF ANNASYNE B. C., an Infant (19-338 and 19-338/A) — In this amended application by the infant’s maternal grandmother and aunt seeking the issuance of letters of guardianship of the property of the infant to the aunt, jurisdiction was obtained over the infant’s father, who sent a letter to the court indicating opposition. On the return date of citation held on the court’s virtual platform, the petitioners appeared remotely along with the infant’s paternal aunt, who opposed the relief sought. The attorney prosecuting causes of action emanating from the death of the infant’s mother (“trial counsel”) also appeared and informed the court that there is a prospective settlement for which the infant is to receive a distributive share. The matter was adjourned to afford the father, who is incarcerated, an opportunity to appear. On the adjourned return date, the petitioners, trial counsel, the paternal aunt and the father all appeared remotely, and the paternal aunt indicated that she intended to cross petition for guardianship of the property of the infant. After a discussion held with the court, all of the other parties consented on the record to the paternal aunt’s appointment. Thereafter, the paternal aunt filed a cross petition seeking letters of property guardianship upon written consents from the infant’s father and the two original petitioners. It appearing to be in the infant’s best interests, the cross petition is granted. This decision constitutes the order of the court marking the original petition “dismissed.” A decree has been signed awarding letters of guardianship of the property of the infant to the cross petitioner limited pursuant to SCPA 702 (1) and EPTL 5-4.6 with regard to any cause of action. Proceed accordingly. July 20, 2022 BRIAN EDWARD KELLY also known as BRIAN KELLY, Deceased (22-477) — This is a proceeding for ancillary letters testamentary by the decedent’s brother, who was appointed the personal representative pursuant to decedent’s will dated April 13, 2016, which was admitted to probate by the Circuit Court for the Fourteenth Judicial Circuit, County of Bay, State of Florida, the decedent’s alleged domicile. It appears that the decedent possessed an interest in real property located in Bronx County that needs to be administered. Accordingly, the will is admitted to ancillary probate (SCPA 1602), and ancillary letters testamentary shall issue to the petitioner (SCPA 1604[1][b]). Decree signed. July 14, 2022 GUARDIANSHIP OF CURTIS J. H. Pursuant to SCPA Article 17-A (20-374) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged intellectually disabled person. Upon the oral and documentary proof adduced at the virtual hearing, at which the proposed guardians and the respondent appeared remotely, it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that he lacks the capacity to make health care decisions. The court is further satisfied that the petitioners and the nominated standby and first alternate standby guardians are qualified to assume the responsibility of serving as the respondent’s guardians. Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Katrina D. and his stepfather, Cleneth D. The respondent’s sister, Lyneisha S., is appointed standby guardian to serve when the primary guardians are no longer able to do so. A brother, Terrell D., is appointed first alternate standby guardian to serve when neither the primary guardians nor the standby guardian are able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757. The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners. Decree signed. July 21, 2022
ESTATE OF DILIA M. MORAZA, Deceased (20-150/A) — The administrator, one of the decedent’s daughters, seeks to lift restrictions on her limited letters of administration so that she may settle a personal injury cause of action and judicially account for the settlement proceeds. The decedent sustained injuries as a result of an explosion and fire in her apartment. She died intestate on September 26, 2019. The decedent’s distributees are the petitioner and two other children. Those children and the New York State Department of Taxation and Finance consent to the application. Disbursements are allowed in the reduced sum of $5,901.00, reflecting the elimination of certain items normally considered law office overhead. Legal fees are allowed as correctly computed pursuant to the retainer agreement. The net distributable proceeds are to be paid to the decedent’s distributees pursuant to EPTL 4-1.1 (a) (3). Decree signed. July 20, 2022
