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New York County, Surrogate's Court: October 2, 2019

New York County, Surrogate's Court: October 2, 2019

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Surrogate Anderson ESTATE OF ANA GARABITO, Deceased (14-1489 A) — At the call of the calendar, the court granted this petition to compel the administrator of the estate of Ana Garabito to account. Respondent Angel Garabito is directed to file an account of his proceedings, together with a petition for the judicial settlement thereof, within thirty (30) days of the date of this decision. This decision constitutes the order of the court. Dated: September 30, 2019

JONATHAN SMITH, plf, v. 409 EDGECOMBE AVENUE HDFC ET AL. def (04-0551) — In this action transferred from Supreme Court, New York County, as a matter related to the estate of Anne Clay, decedent’s godson (Jonathan Smith) sought, among other things, a declaratory judgment that he is the owner of decedent’s Housing Development Fund Corporation (HDFC) cooperative apartment located in Manhattan. Because there has been no activity in this matter for several years, the court notified the parties in accordance with CPLR 3216 that, if they failed to take appropriate steps to move this action forward within 90 days, it would be dismissed. No steps having been taken to prosecute the action and more than 90 days having elapsed, the action is dismissed for failure to prosecute (SCPA §209[8]; CPLR 3216). This decision constitutes the order of the court. Dated: September 26, 2019

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