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Decision & Order decided on: March 10, 2023 Surrogate Mella

ESTATE OF MARIA CHRISTIAN, Deceased (22-3310) (22-3310/A) — On March 3, 2023, the following parties were heard by the court on the record regarding cross-petitions for the appointment of an administrator in the estate of decedent Maria Christian: Petitioner and child of decedent, Mayra Soto, appearing pro se; Cross-Petitioner and child of decedent, Sonia Frias, represented by Jeffrey Weinstein, Esq.; and decedent’s remaining children and distributees appearing pro se — Cynthia Christian, Elvin Christian, Fernando Christian, Jose Christian, and Cesar Soto. Petitioner and Cross-Petitioner are each seeking to be appointed Administrator of decedent’s estate and each opposes the other’s appointment. Petitioner and Cross-Petitioner have equal priority to letters of administration (SCPA 1001[1][b]). On the record before it, however, the court in the exercise of its discretion, concluded that Cross-Petitioner Sonia Frias can best protect the assets of the decedent’s estate (see Matter of Beharrie, 84 AD3d 1227, 1268 [2d Dept 2011] ["the Surrogate's Court ha[s] broad discretion to determine to whom it should issue letters of administration, based on the best interests of the decedent’s estate”]). Accordingly, the cross-petition was granted and Letters of Administration will issue to Sonia Frias. Cross-Petitioner is directed to settle a decree which includes a provision for the imposition of a bond. The clerk is directed to send a copy of this decision to all parties who have appeared. Dated: March 10, 2023   Order & Decrees signed between: March 9, 2023

 
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