Surrogate GiganteESTATE OF JOSEPH M. DE MAURO, A/K/A JOSEPH DEMAURO, Deceased (10/1011/E) — In this estate, the Court by prior order granted an application to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent against several defendants in a multiple defendant lawsuit. Limitations remained within the Letters of Administration as against the non-settling defendants. The instant application seeks to compromise the action against additional settling defendants.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance.Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/conscious pain and suffering cause of action in the amount of $85,000.00 is approved. The allocation of the net proceeds shall be 60 percent to the cause of action for conscious pain and suffering; and 40 percent to the cause of action for wrongful death. Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of$28,556.48 to Weitz & Luxenberg, P.C.The net balance in the amount of $56,443.52 shall be paid as follows: $23,946.05 to Rosemarie DeMauro, surviving spouse; $4,960.03 to Joseph J. DeMauro, son; and $4,960.03 to Annette R. Deola, daughter, for the portion of the settlement allocated to conscious pain and suffering; and $22,577.41 to Rosemarie DeMauro, surviving spouse, for the portion of the settlement allocated to wrongful death.The limitations within the Limited Letters of Administration shall remain in effect, as against any other parties, and any and all other civil actions, until the further Order of the Court.Incidental relief prayed for is granted.Decree signed.Dated: July 20, 2018
ESTATE OF JOAN ENDRISS, A/K/A JOAN LINDA ENDRISS, Deceased (14/249/A) — This is an application for the appointment of a successor executor and the issuance of Successor Letters Testamentary to the petitioner.Jurisdiction has been obtained over all necessary parties, either by waiver and consent or a citation containing all specific relief including that the failure to appear may result in the matter moving forward as an uncontested matter. Upon review of the entire file, the application is granted. Upon the specific waivers/consents of the interested parties and the default by Donald E. Endriss, Jr., the Court hereby waives the necessity of the posting of a bond and the filing of a formal judicial accounting of the deceased executor.Successor Letters Testamentary shall issue to Carla Denino, a/k/a Carla Wilkinson, as Executor, upon her duly qualifying according to law. The Letters Testamentary heretofore issued to Susan Lynn Endriss on August 20, 2014, are hereby revoked. The Limited Letters of Temporary Administration issued to Carla Denino, a/k/a Carla Wilkinson, on October 5, 2017, are hereby revoked.Submit decree on Notice of Settlement.Dated: July 24, 2018
