ESTATE OF DIOMEDES DOMINGO NUNEZ, Deceased

ESTATE OF DIOMEDES DOMINGO NUNEZ, Deceased (2013-179 & 2013-179/A) — In this estate, a petition and cross petition were filed seeking, inter alia, the issuance of letters administration to each respective petitioner to commence a cause of action arising from the events leading to the decedent's injuries and death. The petition was filed by the guardian of the property of an alleged infant distributee and the cross petition was filed by the decedent's daughter. After jurisdiction was obtained over all of the decedent's alleged distributees in both proceedings, the daughter served and filed objections to the petition alleging that the decedent's paternity of the infant has not been established and the guardian is ineligible to serve as the administrator. The guardian recently served and filed objections to the daughter's petition alleging, inter alia, that the infant's paternity has been established by DNA testing and that the infant has priority to letters as he would be entitled to the greatest share of the recovery and the daughter would not share in the recovery, if the settlement proceeds are allocated entirely to wrongful death.

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ESTATE OF DIOMEDES DOMINGO NUNEZ, Deceased (2013-179 & 2013-179/A) — In this estate, a petition and cross petition were filed seeking, inter alia, the issuance of letters administration to each respective petitioner to commence a cause of action arising from the events leading to the decedent’s injuries and death. The petition was filed by the guardian of the property of an alleged infant distributee and the cross petition was filed by the decedent’s daughter. After jurisdiction was obtained over all of the decedent’s alleged distributees in both proceedings, the daughter served and filed objections to the petition alleging that the decedent’s paternity of the infant has not been established and the guardian is ineligible to serve as the administrator. The guardian recently served and filed objections to the daughter’s petition alleging, inter alia, that the infant’s paternity has been established by DNA testing and that the infant has priority to letters as he would be entitled to the greatest share of the recovery and the daughter would not share in the recovery, if the settlement proceeds are allocated entirely to wrongful death.

Accordingly, either, or both proceedings, will appear upon the ready for trial calendar of the court upon compliance with Uniform Rules for Surrogate’s Court (22 NYCRR) sections 207.29 and 207.30.

ESTATE OF DIOMEDES DOMINGO NUNEZ, Deceased

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