Surrogate Gingold ESTATE OF STEVEN FOYER, Deceased (23-2230) — In this probate proceeding the court appointed Jill Kupferberg, Esq., as guardian ad litem (hereinafter “GAL”) to protect the interests of David Foyer, an infant under the age of fourteen. In determining reasonable compensation for legal services rendered by the GAL, the court may consider a number of factors. These include, but are not limited to (i) the time spent (see Matter of Kelly, 187 AD2d 718 [2d Dept 1992]); (ii) the complexity of the questions involved (see Matter of Coughlin, 221 AD2d 676 [3d Dept 1995]) and the nature of the services provided (see Matter of Von Hofe, 145 AD2d 424 [2d Dept 1988]); (iii) the amount of litigation required (see Matter of Sabatino, 66 AD2d 937 [3d Dept 1978]); (iv) the amounts involved and the benefit resulting from the performance of such services (see Matter of Shalman, 68 AD2d 940 [3d Dept 1979]); (v) the lawyer’s experience and reputation (see Matter of Brehm, 37 AD2d 95 [4th Dept 1971]); and (vi) the customary fee charged by the Bar for similar services (see Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], aff’d 213 AD 59 [4th Dept 1925], aff’d 241 NY 593 [1925]; Matter of Freeman, 34 NY2d 1 [1974]). GAL reports that she spent 5 hours and 18 minutes working on this appointment, including writing her report, and that her billing rate is $695 per hour. The billing rate seems excessive given the lack of complexity in this matter. After review of the time records, the court will allow the 5 hours and 18 minutes of time but will reduce the hourly rate awarded to $400 per hour, a rate well within the bounds of the customary fee charged for services of the nature performed by GAL. Accordingly, Jill Kupferberg, Esq.’s compensation as guardian ad litem is set at $2,120.00. Dated: April 25, 2024 ESTATE OF JENIFER WOLF, aka JANE WOLF, Deceased (22-3436) — On February 17, 2023, this court issued a citation with a return date of April 3, 2024 (hereinafter, “citation”), to be served on the distributees of Jenifer Wolf (hereinafter, “decedent”) whose names and places of residence are unknown and to Jonathan Wolf, if living and if dead to his heirs of law, next of kin, distributes, executors, administrators, legatees, devisees, assigns and successors in interest, as the case may be (hereinafter, “cited parties”). On February 8, 2024, this court issued an order directing publication of the citation and a copy of the notice to cited parties in the newspaper The Chief, once a week in each of four consecutive weeks, the first publication to be made at least twenty-eight days before the return day fixed in the citation. Publication of the citation fully complied with the publication order (SCPA 307). The citation includes the name, telephone number, email address, and US postal address of petitioner’s counsel (SCPA 306[l][f]). The citation also includes the name and location of the New York County Surrogate’s Court, the name of the New York County Surrogate, and the name the Chief Clerk of the court (SCPA 306[4]). Moreover, the publication included the notice to cited parties of the COVID-19 protocols then in place at the courthouse whereby no in-person appearances were allowed and appearances could be made, through counsel, by simply emailing the court (email address included in the notice), or by sending a written document by US mail. However, pursuant to SCPA 306(l)(d) the citation must substantially set forth the object of the proceeding and the relief sought in the petition. Here, the citation contained a scrivener’s error which stated that the will being offered for probate was executed on July 11, 2018, when in fact the will being offered for probate was executed on June 11, 2018. The court records are devoid of any response to the citation and counsel for petitioner affirms that no one has appeared in opposition. Nonetheless, the citation was addressed to the cited parties (SCPA 306[1][b]). The citation states that a will of the decedent is being offered for probate and included the address of her last known domicile (SCPA 306[1][a]). Given this information, the cited parties had an adequate basis to determine that a will of the decedent was being offered for probate and that their interests may be affected (see Matter of Plantone, 819 NYS 2d 822 [Sur Ct, Monroe County 2006]) (Decree was jurisdictionally sound where citation in probate construction proceeding was sufficient to put cited parties on notice that the court is about to make a decision that may affect their interests); In re Will of Foulds, 212 NYS2d 519 [3rd Dept 1961]) (Citation clearly set forth the object of the probate proceeding by listing the date of the codicils offered for probate and the date of the will they referred to, which was the date of an earlier will and not the will offered for probate.). The citation included information as to how to contact both the court and petitioner’s counsel; thus had Jonathan Wolf or any of the unknown distributees seen the citation they could have easily inquired to the court, or to petitioner’s counsel, or to otherwise made a determination whether or not to make an appearance (see In re Estate of Bucceri, NYLJ Mar 6, 2020 at 21 [Sur Ct, Richmond County 2020]). Accordingly, the citation substantially set forth the object of the proceeding and the relief sought in the petition and its publication satisfied the requirements of SCPA 307 and jurisdiction is deemed complete. Settle decree. The Clerk of the Court is directed to email a copy of this order to the address at the foot hereof. Dated: April 25, 2024 Surrogate Mella ESTATE OF GEORGE S. KAUFMAN, Deceased (18-711/O) — This is an unopposed petition by the Trustee of The Cheri Kaufman Trust, created by decedent George S. Kaufman for the benefit of his ex-spouse, Cheri Kaufman. Petitioner seeks a decree authorizing Bessemer Trust Company, N.A. (Bessemer), in its capacity as Preliminary Executor of the estate of decedent, to execute, and act in accordance with, an agreement between Petitioner and Bessemer regarding the transfer or distribution of the net proceeds of a sale of real property to The Cheri Kaufman Trust, and to make advance payments to The Cheri Kaufman Trust of its entire remaining interest in decedent’s estate. Petitioner sufficiently demonstrated both the availability of decedent’s assets and the Trust beneficiary’s need for support, as required by SCPA 2102(5). Accordingly, the petition is granted and Bessemer is authorized to execute and act in accordance with its agreement with Petitioner. Decree signed. Dated: April 25, 2024 ESTATE OF GEORGE S. KAUFMAN, Deceased (18-711/L) — This is an unopposed petition by Bessemer Trust Company, N.A. (Bessemer), as Preliminary Executor of the estate of George S. Kaufman, deceased, for court approval of the settlement of any and all claims that decedent’s surviving spouse, Mariana Zoullas Kaufman, has or may have against this estate on terms set forth in a settlement agreement filed with the court, and to distribute assets of the estate pursuant to the settlement of such claims. The court agrees with Bessemer’s assessment that the settlement, which resolves all the claims of Mariana Zoullas Kaufman, is in the best interests of the estate. Bessemer has demonstrated good cause for authorizing it to enter into the settlement agreement pursuant to SCPA 1813 and, therefore, the petition is granted. Decree signed. Dated: April 25, 2024
