ESTATE OF VIRGINIA M. ZABRISKIE, Deceased (19-2009/B) — At the call of the August 24, 2022 Calendar, the date to which this proceeding for a compulsory accounting had been adjourned on the consent of the parties at a prior appearance before the court on April 26, 2022, the court noted the correspondence received from pro se Petitioner Patricia Marshall and counsel for Respondent, Executor Gary Graifman indicating their informal resolution of the proceeding and Petitioner’s withdrawal of her request for a judicial accounting. In view of the parties’ submissions, the court marked this matter discontinued, without prejudice (CPLR 3217[b]). This decision constitutes the order of the court. Dated: November 17, 2022
ESTATE OF PAUL J. BRNO, Deceased (17-4223/B) — Before the court at the call of the calendar on October 7, 2022, was a motion by the surviving spouse of decedent Paul Brno to enforce a settlement agreement to which this court’s decree probating decedent’s will is subject. Pursuant to the stipulation of settlement, the Executor agreed to pay Movant $135,000 upon the Executor’s receipt of a September 11th Victim Compensation Fund (“VCF”) award for decedent. It is undisputed that the decedent’s Executor, his brother, has received such award. In opposition to the motion to enforce the settlement, the Executor provided a copy of a December 17, 2021 Order of the Supreme Court, New York County, made in the context of MHL Article 81 guardianship proceedings for decedent’s daughter Jennifer Brno, who is under a disability. The December 17, 2021 order, among other things, enjoined the Executor from making any payments or distributions from the VCF funds. In light of the nature of the VCF award itself and following communications from this court, an order dated October 6, 2022 has been issued by the Supreme Court, amending the December 17, 2021 Order. This amended order, which has been sent to the parties, allows the Executor of this estate to pay $100,000 of the VCF post-death benefits to Movant. To the extent that any party wishes further modification of the Supreme Court Order to permit the release of the additional $35,000 to be paid to the surviving spouse under the stipulation of settlement, an application for that relief should be made in the Supreme Court. The guardian ad litem for Jennifer Brno in this probate proceeding was re-appointed to represent her, and his compensation as guardian ad litem is reserved for a later decision and order. Accordingly, the motion to enforce is granted to the extent of directing the Executor to pay $100,000 to the Movant and is otherwise denied at this time without prejudice to renewal. This decision, together with the transcript of the October 7, 2022 proceedings, constitutes the order of the court. Dated: November 17, 2022
