ESTATE OF GASPAR CAMBRIA, also known as GASPERINO THOMAS CAMBRIA, Deceased (24-339) — In this contested probate proceeding commenced by the decedent’s son in law, who is the nominated executor under the propounded instrument dated April 4, 2023, a notice of appearance and objections were filed by an attorney representing a spouse and five children who are all disinherited in the instrument. Waivers and consents were filed for the remaining distributees, two daughters who equally share in the residuary estate. A conference shall be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA1411. Proof of service as directed herein shall be filed at least three days before the return date of the citation. The proponent shall cause the issuance of a citation (on the form provided by the court) and serve copies of the citation upon the following beneficiaries named in the propounded instrument as follows: Maria Cambria and Jane Marie Cambria. Such service shall be made both by first class mail with U.S. Postal Service Certificate of Mailing and by Certified Mail, Return Receipt Requested. Service shall be made within the time provided by SCPA 308 and shall be deemed complete provided that the service by ordinary mail is not returned as undeliverable. The proponent shall also serve a copy of this decision, which constitutes the order of the court, and the citation upon counsel for the objectants. Respective counsel as well as any party who desires to be present shall appear at the conference ready to discuss the underlying issues and a schedule for disclosure. The Chief Clerk shall mail a copy of this decision and order and the form of the citation to counsel for the proponent. Proceed accordingly. October 3, 2024
ESTATE OF RUPERT PETERS, Deceased (549A2004/D) — The administrator, the decedent’s spouse, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master, which are being held in her attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements. The decedent died intestate on April 18, 2004. His distributees are the petitioner and a son. Similar applications were previously approved. Under the circumstances presented, including the consents of the son and the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 20 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action. The funds allocated to personal injury are to be paid to the administrator. The funds allocated to wrongful death are to be paid pursuant to the formula enunciated in Matter of Kaiser, 198 Misc 582 [Sur Ct, Kings County 1950]), as follows: 98.3 percent to the spouse and 1.7 percent to the son. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action. Decree signed. October 4, 2024
