GUARDIANSHIP OF CAMILE BENITE CONCALVES., Pursuant to SCPA Article 17-A (16/2496) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian and the respondent appeared, and upon the report of Mental Hygiene Legal Services, First Judicial Department (MHLS), it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and she lacks the capacity to make health care decisions. The court is further satisfied that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Jete J.B.G., the respondent’s mother.Settle decree on counsel for MHLSNovember 21, 2017GUARDIANSHIP OF CHARLES A.S., Pursuant to SCPA Article 17-A (17/1670) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardian of the person of the respondent, an alleged intellectually disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardians and the respondent appeared, and upon the report of Mental Hygiene Legal Services, First Judicial Department (MHLS), it appears to the satisfaction of the court that the respondent is a intellectually disabled person within the provisions of Article 17-A of the SCPA and lacks the capacity to make health care decisions. The court is further satisfied that the petitioners are qualified to assume the responsibility of serving as the respondent’s guardian.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Dahlia V., the respondent’s sister, and Jonathan V., the sister’s spouse.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners and MHLS.Decree signed.November 21, 2017ESTATE OF CYNTHIA NEWELL, Deceased (15/2350/A) — The administrator, the decedent’s daughter, seeks to lift the restrictions contained on her limited letters of administration so that she may receive and judicially account for the proceeds of a personal injury cause of action.The decedent sustained injuries allegedly as a result of negligence and died intestate on October 29, 2011, of unrelated causes. The decedent’s distributees are the petitioner and three other children, one of whom post-deceased. The two children, and the administrator of the estate of the third child consent to the application, as does the New York State Department of Taxation and Finance.Disbursements and counsel fees are allowed in the sum requested. In addition, as the litigating attorney was retained during the decedent’s lifetime and there are no assets in the estate other than the personal injury proceeds, estate counsel is awarded a separate legal fee in the sum requested for legal services rendered and disbursements made in the underlying administration proceeding (see Matter of Forbes, NYLJ, Mar. 5, 2015, at 24, col 5 [Sur Ct, Bronx County 2015]; Matter of Rivera, NYLJ, Aug. 1, 2013, at 24, col 5 [Sur Ct, Bronx County 2013]; Matter of Jordan, NYLJ, June 14, 2001, at 2, col 5 [Sur Ct, Bronx County 2001]). The amount of $9,105.75 shall be paid to Anthony Newell in reimbursement for decedent’s funeral expenses. The sum of $102,000 is to be paid to the New York City Department of Social Services in reimbursement of its claim for Medicaid services provided to the decedent. The net distributable proceeds are to be paid to the decedent’s children in equal shares (EPTL 4-1.1 [a] [3]) with the share of the post-deceased child paid to the administrator of his estate.Submit decree.November 30, 2017ESTATE OF DENNIS RAMIREZ, Deceased (04/A/532A) — The administrator, the decedent’s spouse, seeks leave to compromise causes of action arising from events leading to the decedent’s death settled during mediation.The decedent died on May 15, 2004 allegedly as a result of negligence. In addition to the petitioner, the decedent’s other distributees are two adult children who were both under the age of 21 at the time of the decedent’s death. All distributees consent to the relief requested including the distribution of the wrongful death proceeds with a deviation from the formula enunciated in Matter of Kaiser (198 Misc 2d 582 [Sur Ct, Kings County 1950]) allowing for equal distribution to the adult children. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, the lack of any unpaid debts presented herein, and the fact that the decedent never regained consciousness, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action and to deviate from the formula enunciated in Matter of Kaiser (id.).Disbursements and counsel fees are allowed in the sum requested. The net settlement proceeds are to be paid to the decedent’s distributees in the manner requested.Decree signed.November 21, 2017ESTATE OF ESTELLE LENCZER, also known as ESTELLE RIVA LENCZNER, also known as ESTELLE R. LENCZNER, Deceased (17/1180) — In this amended application by an alleged first cousin of the decedent seeking the issuance of letters of administration to the Public Administrator, jurisdiction was obtained over three other alleged first cousins who defaulted, and the Public Administrator appeared and agreed to accept letters of administration.Accordingly, in the absence of any opposition the application is granted, and letters of administration shall issue to the Public Administrator.Notwithstanding the default of the other alleged first cousins, the decree shall be settled upon them.Settle decree.November 20, 2017ESTATE OF HECTOR CARRASQUILLO, Deceased (16/1893/A) — On the return date of this SCPA 2103 inquisitorial proceeding, the respondent appeared by counsel and the parties entered into a stipulation which provided, inter alia, a date certain for the respondent to be examined, a period of time for petitioning administrator to serve and file a petition for the turnover of the property alleged to be in the possession of the respondent, if warranted, and a control date for the parties to appear on the application. Accordingly, this decision constitutes the order of the court marking this inquisitorial proceeding “settled” in accord with the terms of the stipulation.Proceed accordingly.November 30, 2017GUARDIANSHIP OF JOSHUA A. M., Pursuant to SCPA Article 17-A (17/995) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged developmentally disabled person.Upon the oral and documentary proof produced at the hearing at which the proposed guardian appeared and the court waived the appearance of the respondent based on the medical certifications, it appears to the satisfaction of the court that the respondent is a person who is developmentally disabled within the provisions of Article 17-A of the SCPA, that his developmental disability results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA1750-a [2]), and lacks the capacity to make health care decisions. The court is further satisfied that the petitioner and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person and property of the respondent shall issue to Joann F., the respondent’s mother. Eathen A. M., the respondent’s father, is appointed standby guardian to serve when the primary guardian is not able to do. The successor guardian shall assume the duties of his office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk is directed to mail a copy of this decision and decree to the pro se petitioner.Decree signed.November 30, 2017GUARDIANSHIP OF KADISHA T.C.D., Pursuant to SCPA Article 17-A (17/262) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged intellectually disabled person.Upon the oral and documentary proof adduced at the hearing at which the proposed guardians and the respondent appeared, it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that she lacks the capacity to make health care decisions. The court is also satisfied that the petitioners are qualified to assume the responsibility of serving as the respondent’s guardians.Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to her mother, Christine R., also known as Tanya W. and Jennifer B., a family friend.The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioners.Decree signed.November 30, 2017ESTATE OF LOIS CRAMER ALLEN, Deceased (17/2311) — This is a proceeding for ancillary probate of the decedent’s will dated April 6, 2009, which was admitted to probate by the Surrogate’s Court, County of Bergen, New Jersey, the decedent’s alleged domicile. The petitioner and the executor under the will, was appointed the executor of the decedent’s estate in New Jersey. It appears that the decedent possessed an interest in real property located in Bronx County upon which the will may operate. Accordingly, the will is admitted to ancillary probate (see SCPA 1602) and ancillary letters testamentary shall issue to the petitioner (see SCPA 1604 [1] [b]).Decree signed.November 21, 2017ESTATE OF LORNA LEWIS, Deceased (17/638) — In this application by the decedent’s son for the issuance of letters of administration, jurisdiction was obtained over the decedent’s daughter, the only other alleged distributee, who is alleged to be under a disability, and there was no appearance in opposition. It would appear that if the disability caused the daughter’s default, she would be ineligible to serve as the fiduciary of the estate. Of course, if appropriate, a guardian ad litem shall be appointed for the daughter in any future accounting or other appropriate proceeding.Accordingly, in the absence of any appearance in opposition, letters of administration shall issue to the petitioner upon her filing of a bond in the penal sum of $52,000.Submit decree.November 21, 2017ESTATE OF MARIA BATTISTA, Deceased (15/152) — On the initial return date of this application by an alleged creditor for the issuance of limited letters of administration to an eligible distributee or in the alternative, the Public Administrator, a grandson of the decedent appeared and requested additional time to either oppose the application, or file a cross petition for the issuance of letters of administration to himself. On the adjourned date the grandson failed to appear or file any petition. The Public Administrator thereafter filed a written consent tacitly agreeing to the relief requested in the petition. Accordingly, letters of administration shall issue to the Public Administrator limited to the extent of accepting service in the pending foreclosure action and the collection of any surplus monies.Settle decree.November 28, 2017ESTATE OF MARJORIE PORTALATIN, Deceased (14/1550/A) — The administrator, one of the decedent’s daughters, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.The decedent sustained injuries as a result of alleged medical malpractice and died intestate on March 14, 2013. In addition to the petitioner, the decedent’s distributees are two other children, who consent to the application, including the payment of the entire net distributable proceeds to the petitioner. Under the circumstances presented, including the consents of the children and the New York State Department of Taxation and Finance, and the lack of any other unpaid debts or claims presented that are not being satisfied herein, the court grants the request to allocate the settlement proceeds to the wrongful death cause of action.Disbursements, and counsel fees pursuant to Judiciary Law §474-a, are allowed in the sum requested. The sum of $750 is to be paid to the petitioner in reimbursement of the decedent’s funeral expenses. The sum of $3,000 is to be paid to the New York City Department of Social Services/HRA in reimbursement of its claim for Medicaid assistance furnished to the decedent. The sum of $12,464.75 is to be paid to Medicare in reimbursement of its claim for assistance furnished to the decedent. The remaining net distributable proceeds may be paid to the petitioner, as requested.Decree signedNovember 27, 2017ESTATE OF MAUREEN KAYLOR, also known as MAUREEN H. KAYLOR Deceased (17/1831) — In this application by the decedent’s daughter for the issuance of letters of administration, a waiver and consent was filed for the decedent’s son and only other distributee.Accordingly, in the absence of any opposition, the application is granted and letters of administration shall issue to the petitioner upon filing of a bond in the penal amount of $150,000.Submit decree.November 20, 2017GUARDIANSHIP OF MICHAEL M.A., Pursuant to SCPA Article 17-A (16/1922) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged developmentally disabled person.Upon the oral and documentary proof adduced at the hearing, at which the proposed guardian appeared and the court waived the respondent’s appearance based upon the medical certifications, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]), that he lacks the capacity to make health care decisions, and that the petitioner and the proposed standby, first alternate standby and second alternate standby guardians are qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2).Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Sandra C., his mother. A cousin, Joel I.C., is appointed standby guardian to serve when the primary guardian is no longer able to do so. Marilyn J., his aunt, is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian is able to do so. Another aunt, Mayra C., is appointed second alternate standby guardian to serve when none of the aforementioned are able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.The Chief Clerk is to mail a copy of this decision and the decree to the pro se petitioner.Decree signed.November 15, 2017ESTATE OF MILDRED COHEN, Deceased (15/2156) — On the return date of this application by a creditor for the issuance of limited letters of administration to the Public Administrator or to an eligible distributee, there was no appearance in opposition, and the Public Administrator appeared and consented to the issuance of full letters of administration. Accordingly, the petition is granted as amended on the record, and letters of administration may issue to the Public Administrator upon her filing an oath and designation.Settle decree.November 27, 2017ESTATE OF SHEILA HARINARAIN, Deceased (17/2209) — On the return date of citation in this proceeding for letters of administration by one of the decedent’s two sons and only distributees, the other son appeared pro se and consented to the application on the record in open court.Accordingly, in the absence of any opposition, the application is granted, and letters of administration limited by SCPA 702 (1) shall issue to the petitioner.Submit decree.November 20, 2017ESTATE OF WALTER TARTT, Deceased (06/A/156A) — The administrator, the decedent’s spouse, seeks to lift the restrictions contained on her limited letters of administration so that she may receive and judicially account for the proceeds of a personal injury cause of action.The decedent sustained injuries allegedly as a result of negligence and died intestate on March 25, 2004, of unrelated causes. The decedent’s distributees are the petitioner, five children, and a grandchild who was served with process and did not oppose the application. The children and the New York State Department of Taxation and Finance consent to the application.Disbursements and counsel fees are allowed in the sum requested, to be paid to separate counsel pursuant to their agreement. The sum of $5,500 is to be paid to CMS/Medicare in reimbursement of its claim for services provided to the decedent. The sum of $5,500 is to be paid to Law Cash in payment of advances made to the spouse. The net distributable proceeds are to be paid to the spouse (EPTL 4-1.1 [a] [1]).Submit decree.November 30, 2017
