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Decision and Orders signed: May 31 – June 4, 2024 Surrogate Gingold

ESTATE OF REGINALD RUIZ a/k/a REGINALD JAMES RUIZ, an Absentee (20-2458) — Petitioners, Rex Ruiz and Donna Ruiz, have commenced this proceeding seeking an order declaring that their sibling Reginald Ruiz (hereinafter “Absentee”) is presumed dead pursuant to EPTL §2-1.7, fixing his date of death as April 16, 2016, three years after the date of the Absentee’s disappearance, and directing that the New York City Office of Chief Medical Examiner (hereinafter “NYC Medical Examiner”) issue a death certificate for the Absentee.1 The petition alleges that the Absentee, who was a domiciliary of New York County, was last seen in San Francisco, California. Jurisdiction over the Absentee was obtained by publication in the Daily Journal in the County of San Francisco and the Chief-Leader in the County of New York, for four successive weeks. Timely service of the citation was made on the Absentee’s siblings Restituto Ruiz, Jr, and Renard Ruiz, as well as the NYC Medical Examiner, and the Attorney General of the State of New York.

 
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