Surrogate Malave-Gonzalez ESTATE OF ALPRENTICE GRAY, JR., Deceased (10-2835/A) — The administrator, who is the decedent’s father, petitions to remove the restrictions on his letters of administration so he can accept the settlement proceeds of a personal injury cause of action and judicially account for the same. The administrator also seeks to disqualify the decedent’s mother from receiving a distributive share of the decedent’s estate because her parental rights were terminated by an order of the Bronx Family Court, dated June 24, 2002 (Alpert, J.). The decedent sustained injuries when he was struck by a motor vehicle while riding a bicycle. He died intestate of related causes on August 25, 2020, at the age of eighteen. The decedent’s two presumptive distributees are the administrator and his mother, whose whereabouts are unknown. Jurisdiction was obtained over the mother by publication, and the guardian ad litem appointed to protect the mother’s interests finds no reason to object to her disqualification. The New York State Department of Taxation and Finance consents to the instant application. To date, the court has not received any opposition to the relief requested in the petition. On this state of the record, counsel fees and disbursements are allowed in the sums requested. The sum of $17,500.00 is to be paid to Plaintiff Funding Holding Inc. d/b/a Law Cash to satisfy its funding lien. The sum of $2,341.50 is to be paid to the New York Department of Social Services from the father’s distributive share to satisfy the public assistance lien against him. The uncontroverted allegations contained in the petitioner’s affidavit, namely, that the decedent’s mother’s rights were terminated by family court, are deemed due proof thereof (SCPA 509). Accordingly, the court finds that the decedent’s mother abandoned the decedent, her rights have been terminated and consequently, she is not entitled to a distributive share of the decedent’s estate (EPTL 4-1.4 [a][2][A]). The net distributable proceeds are to be paid to the decedent’s father(EPTL 4-1.1 [a][4]). Decree signed. September 21, 2022
ESTATE OF AZAD ALLY, Deceased (21-2498) — In this application by a daughter of the decedent seeking the issuance of letters of administration, jurisdiction was obtained over the other distributee, another daughter. On the return date of citation held on the court’s virtual platform, the petitioner appeared remotely with her attorney and the other daughter failed to appear or indicate opposition to the court to date. Pursuant to a decree dated August 8, 2022, the petitioner was appointed temporary administrator of the estate but failed to file the requisite bond. Accordingly, in the absence of any opposition, the application is granted. Letters of administration shall issue to the petitioner upon her filing a bond in the penal sum of $100,000. The decree appointing the petitioner temporary administrator is to be vacated in the decree to be entered hereon. Submit decree. September 22, 2022
