CECILIA GARCIA CABRAL, LIMITED ADMINISTRATOR D.B.N. OF THE ESTATE OF GLORIA MARIA CABRAL HERNANDEZ, Deceased, plf., v. NOEMI GARCIA, MICHAEL GARCIA, AND BANCO POPULAR NORTH AMERICA, def.

CECILIA GARCIA CABRAL, LIMITED ADMINISTRATOR D.B.N. OF THE ESTATE OF GLORIA MARIA CABRAL HERNANDEZ, Deceased, plf., v. NOEMI GARCIA, MICHAEL GARCIA, AND BANCO POPULAR NORTH AMERICA, def. (10/3319/A) — Luis Jose Cabral as limited administrator of the estate of his mother, Gloria Maria Cabral Hernandez, commenced an action in the Bronx County Supreme Court to set aside decedent’s Totten trust account at Banco Popular North America for the benefit of one of decedent’s infant grandchildren. The account had been established with a deposit of approximately $225,000 representing the proceeds of a personal injury cause of action which had been compromised shortly before decedent’s death, which occurred on July 24, 2010. The action was transferred to this court and, on August 4, 2011, this court appointed Joan L. Weisberg guardian ad litem for the infant beneficiary. In early 2013, however, the guardian ad litem’s ward attained the age of majority. Although the guardian ad litem filed her report and affidavit of services on May 21, 2013, the court could not evaluate the work performed and thus award compensation to the guardian ad litem until the conclusion of the action (see SCPA 405 [2]).

On June 8, 2015, the court granted the joint petition of Luis Jose Cabral and Cecilia Garcia Cabral for leave for Luis Jose Cabral to resign as limited administrator, and for the appointment of Cecilia Garcia Cabral, another one of decedent’s ten children, as limited administrator d.b.n. On August 14, 2015, limited letters of administration d.b.n. issued to Cecilia Garcia Cabral, and she, as such fiduciary, represented by counsel, entered into a settlement agreement — on the record in open court — with the named beneficiary of the Totten trust account and the beneficiary’s mother (another one of decedent’s children), each of whom was represented by counsel. Following Cecilia Garcia Cabral’s voluntary appearance in the action on August 14, 2015, the court hereby orders the substitution of Cecila Garcia Cabral, limited administrator d.b.n., for Luis Jose Cabral, limited administrator, as plaintiff in the instant action (see CPLR 1021). Once the limitations on Cecilia Garcia Cabral’s letters are lifted, it is anticipated that the action will be discontinued.