Surrogate Gingold
ESTATE OF FLORRY KOLIN, Deceased (20-1105/A/B/C) — David Kolin and Susan Liebman, as the co-executors of the estate of Florry Kolin, decedent, bring this petition for leave to compromise a cause of action for decedent’s personal injuries which is pending in Supreme Court, Bronx County (Susan Liebman and David Kolin, as co-executors of the estate of Florry Kolin v. Riverspring Living Holding Corp, Index No. 809463/2021). In the underlying complaint, petitioners allege that defendant neglected decedent while she was in their care and sought recovery for personal injuries only. Decedent died on December 21, 2018 at the age of 82, survived by her son and daughter, petitioners herein, and her spouse, Irwin Kolin, who has since died. On June 28, 2021, this court issued letters testamentary to petitioners which did not restrict petitioners from settling or compromising any claims under EPTL 1l-l.l(b)(13). Further, court approval of the proposed settlement is not required under EPTL 5-4.1 since petitioners did not assert a claim for wrongful death. Accordingly, it is ORDERED that the petition is denied as petitioners have full authority to settle the claims without court approval; and it is further ORDERED that these proceedings are dismissed. Dated: March 27, 2024 ESTATE OF J. LAWRENCE WERTHER, Deceased (19-1133) — Stephen Werther (hereinafter “movant”), who is represented by Sabrina E. Morrissey, Esq., Morrissey & Morrissey, LLP (hereinafter “counsel”), moves to disqualify this court from hearing any part of the above-named proceeding relating to the admission of the will of J. Lawrence Werther to probate and any other issues relative to the Werther estate on the basis that there is a conflict of interest between this court’s Principal Law Clerk, Lisa M. Barbieri, Esq. and the movant.1 Counsel argues that this court should recuse itself from this proceeding to maintain the appearance of impartiality and to avoid any concerns about bias or prejudice. Petitioner, Ellen Werther Ressler a/k/a Ellen Werther, has opposed the motion. According to counsel’s affirmation in support of the motion, movant is a plaintiff in a related case Werther v. Ressler et al. (Sup Court, NY County, Index No. 152008-2022) (hereinafter the “Supreme Court matter”), and among the defendants in the Supreme Court matter is Ellen Werther Ressler, petitioner in the underlying probate proceeding, as well as the Attorney General of the State of New York (hereinafter “Attorney General”). Counsel explains that Ms. Barbieri, prior to her appointment as this court’s Principal Law Clerk, was an Assistant Attorney General assigned to the Supreme Court matter. Counsel affirms that the Supreme Court matter, in sum and substance, concerns the gift of $1,250,000 from The J. Lawrence Werther Research Foundation to the Icahn School by Ellen Werther Ressler, in “a scheme to disinherit her brother, Stephen, from her father’s estate” (Affirm at 8). Counsel maintains that the Attorney General “ha[d] a direct interest in seeing that the foundation gift is not returned to Dr. Werther’s estate” (Affirm at 13). According to counsel, Ms. Barbieri filed an answer, dated March 23, 2022, in response to the verified complaint in the Supreme Court matter in support of The J. Lawrence Werther Research Foundation (Affirm at
