Surrogates Court Surrogate Anderson

ESTATE OF MICHAEL MEMEH, Deceased. (17-1866/A/B) — The motions of Illana D. Leiser to withdraw as counsel in the estate of Michael Memeh are granted.The proceedings are stayed for thirty (30) days from the date of this decision with notice of entry to allow Chinyere Memeh, petitioner in the underlying administration and respondent in the underlying probate proceeding, to retain new counsel or to proceed pro se.This decision constitutes the order of the court.Dated: March 20, 2018ESTATE OF RUSSELL DIVAK, Deceased, (12-3350/A) — The proposed compromise of claims for the conscious pain and suffering and wrongful death of Russell Divak was approved by Supreme Court, New York County. The associated attorney’s fees and disbursements were also approved by that court. All of the settlement proceeds shall be allocated to wrongful death.The restrictions contained in the letters issued to the executor are removed. She is authorized to collect the settlement proceeds and to execute the necessary receipts and releases. The net proceeds shall be paid to decedent’s distributees as set forth in the petition.Decree signed.Dated: March 16, 2018Surrogate MellaESTATE OF LUCIEN DELLY, Deceased (16-4363/A) — At the call of the calendar on March 9, 2018, the court heard argument on the motion of Jean Julien Delly, who alleges to be decedent Lucien Delly’s brother and is temporary co-Administrator of his estate, for the issuance of a judicial subpoena duces tecum directing the production of paternity test records from a medical laboratory in Ohio. Movant stated that the laboratory is in possession of the results of a test administered to decedent and Anne Michelaine Delly, who alleges to be decedent’s non-marital daughter.On the record, the court held the motion in abeyance pending the determination, upon a summary judgment motion filed by Luke Daniel Delly — who claims to be decedent’s non-marital son — or after a hearing, of whether either one of the alleged children here has established his or her right to inherit from decedent pursuant to EPTL 4-1.2 (a)(2)(A) or EPTL 4-1.2 (a)(2)(C)(ii). If the determination is made pursuant to the latter statutory provision, the court will allow the parties an opportunity to be heard on the issue of whether Jean Julien Delly should be permitted to rebut that showing by introducing paternity genetic marker evidence.This decision, together with a transcript of the March 9, 2018 proceedings, constitutes the order of the court.Dated: March 19, 2018