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ESTATE OF DOC GALLOWAY, also known as DOC CLEVELAND GALLOWAY, Deceased

ESTATE OF DOC GALLOWAY, also known as DOC CLEVELAND GALLOWAY, Deceased (10/908/A) — In this proceeding by the administrator, the decedent's spouse, seeking to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds of causes of action arising from the decedent's death. In addition to the petitioner, the decedent's distributees are five children, including two infants for whom a guardian ad litem was appointed and an incarcerated son.

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ESTATE OF DOC GALLOWAY, also known as DOC CLEVELAND GALLOWAY, Deceased (10/908/A) — In this proceeding by the administrator, the decedent’s spouse, seeking to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds of causes of action arising from the decedent’s death. In addition to the petitioner, the decedent’s distributees are five children, including two infants for whom a guardian ad litem was appointed and an incarcerated son.

The incarcerated son sent a letter to the court annexing a notarized document purporting to constitute objections to the relief requested. On January 30, 2015 the court advised the incarcerated son, on notice to all parties, that objections in proper form, if any, were to be served and filed with a $75 statutory filing fee by March 12, 2015, and in the event that no such objections were duly served and filed, the matter would be marked “submitted without opposition.” Thereafter, the incarcerated son filed an application for poor person relief pursuant to CPLR 1101 (d) accompanied by a notarized affidavit purporting to constitute objections. On the March 12, 2015 adjourned return date of the compromise proceeding, the court signed an order granting the incarcerated son’s application for poor person relief and ruled on the record in open court that it was affording the incarcerated son an additional 30 days after the service of this decision, which constitutes the order of the court, to serve and file verified objections in proper form, and if no such objections were served and filed by that date, the matter would be marked “submitted without opposition” on the adjourned date of May 14, 2015.

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