ESTATE OF HELENE KAFKA, Deceased (18-115/B) — The court has received two ex parte letters, dated July 9, 2024 and July 10, 2024, from Steven Kafka, the respondent in this proceeding to compel an account from him as executor. In the letters, Steven Kafka seems to be objecting to method of service on him of the supplemental citation, issued June 7, 2024 with a return date of July 24, 2024. From the letters, it appears that Steven Kafka was served by substituted service, pursuant to a July 3, 2024 order of this court. Though there is no affirmation of service currently filed with the court as to the method of service on Steven Kafka, bald denials of service in an ex parte letter to the court will not raise an issue of fact regarding the service pursuant to the July 3, 2024 order authorizing substituted service. The July 3, 2024 order stands as Steven Kafka has not properly moved to vacate the same. Additionally, the supplemental citation contains all of the information that Steven Kafka is asking the court to provide, but as a courtesy, the petitioner is Josh Kafka who should be contacted through his counsel, Erin C. Kormann, Esq., Franzino & Scher, LLC, 120 West 45th Street, Suite 2801, New York, New York 10036, telephone 212-230-1140, email [email protected]. Dated: July 18, 2024
ESTATE OF CHRISTINE M. SANTIAGO, a/k/a, CHRISTINE SANTIAGO, Deceased (17-1917/A/B/C) — The petition by the Co-Administrators of the Estate of Christine M. Santiago for leave to allocate and distribute the proceeds of a cause of action for decedent’s conscious pain and suffering and wrongful death is granted. The restrictions contained in the Letters issued to the Co-Administrators are modified to the extent necessary to allow this allocation and distribution, and the Co-Administrators are authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated 75 percent to the claim for conscious pain and suffering and 25 percent to the claim for wrongful death. The fees and disbursements of petitioners’ attorney are fixed and determined as set forth in the decree. The Co-Administrators are authorized to pay DC Santiago the sum of $2,000.00 and Patricia Burns the sum of $2,537.00 as reimbursement for decedent’s funeral expenses. Petitioners waive statutory commissions under SCPA 2307. The balance of the settlement proceeds shall be distributed to decedent’s parents as set forth in the decree. The Account is settled, and the Decree is signed. The Clerk of the Court shall serve a copy of this decision to petitioners’ counsel at the email address below. Dated: July 16, 2024
