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JAN STASIAK AND ESTATE OF JAN STASIAK

MATTER OF JAN STASIAK AND ESTATE OF JAN STASIAK (622-A/05/A) — In this proceeding the Public Administrator requests a declaration pursuant to EPTL 2-1.7 that the alleged absentee is dead and to judicially settle his account as temporary administrator of this estate. The matter was referred to a member of the court's Law Department designated to hear and report as to the requested declaration of death and kinship issues, and a hearing was held on both matters. More than 10 days have elapsed since the mailing of the referee's report, and no party has moved to modify or overrule the report.

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MATTER OF JAN STASIAK AND ESTATE OF JAN STASIAK (622-A/05/A) — In this proceeding the Public Administrator requests a declaration pursuant to EPTL 2-1.7 that the alleged absentee is dead and to judicially settle his account as temporary administrator of this estate. The matter was referred to a member of the court’s Law Department designated to hear and report as to the requested declaration of death and kinship issues, and a hearing was held on both matters. More than 10 days have elapsed since the mailing of the referee’s report, and no party has moved to modify or overrule the report.

After review by the court, the findings of fact and conclusions of law set forth in the report are confirmed, including that the absentee died on April 25, 2004, three years after he was last seen at his apartment on April 25, 2001. With respect to the kinship portion of the hearing, the findings of fact and conclusions of law set forth in the report are also confirmed, including that the decedent was not survived by any paternal distributees and was survived by only three maternal first cousins, Stanlislaw Stasiak, Zofia Stasiak and Stanlislaw Kowalski, the latter of whom post-deceased the decedent. Each maternal distributee or their estate is entitled to one-third of the entire net distributable estate (see EPTL 4-1.1 [a] [6]).

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