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24 NEW YORK LAW JOURNAL Thursday, August 12, 2004

upon his filing a surety bond in the :

NEW YORK COUNTY CoLirt Decisions ESTATE OF ENRIQUE COLON, deceased — The administrator’s peti­ ICTSM tel Blake v. Perretta (6848/98)—Motion Denied penal sum of $125,000.00. Submit decree. ESTATE OF JASON ANGEL PEREZ, deceased — In this application by the administratrix, the decedent’s mother, to compromise claims arising from the events leading to the decedent’s death, the court authorized the entry of an ; ;

SyPR^IWE COURT tion. for leave to compromise a cause of Clemons v. Glicksman (15267/99)— interim decree permitting the collection action for decedent's personal injury Motion Granted of the settlement proceeds and direct- and wrongful death is granted. The lA FARTS Justice Leland DeGrasse Anaya v. Town Sports Int’l restrictions on the letters of administra­ tion issued by this court are removed. The administrator is authorized to col­ First Judicial Department Collado v. Universal Ins. Co. (8041/02)—Withdrawn Diallo v. Novalex Const. (16550/00)— Motion Granted ing that they be held in escrow (Matter 7- of Perez, N.Y.L.J., December 15, 2003, p. 30, col. 2). The objections filed by the decedent’s father have now been set­ -

(101027/03)—Motion Disposed As lect the compromise proceeds and to Gianfrancesco v. Wood (8142/98)— tled pursuant to a written stipulation execute such receipts and releases as mary purpose of the trust (EPTL 7- the will, and is therefore granted. Motion Granted filed with the court. Indicated may be required. 1.13[a][3]). Not only is the marital trust Order signed. Gonzalez v. 2435 Rlty., Inc. The decedent was involved in a motor Justice Helen £. Freedman The fees and disbursements of peti­ amenable to division along family lines (14327/01)—Withdrawn vehicle accident and died intestate on Banco Popular v. NYC School tioner’s attorney are fixed. ORDERS SIGNED: MELVIN A, BLOCK; (see e.g. Matter of Shapiro, NYU, Dec 3, Neizvestny v. Pjura (23816/93)— April 24,2002. The decedent’s presump­ (602441/04)—Motion Disposed As The administrator is authorized to pay Susan B. Fitzpatrick; Alexis Cherny; 2003, at 28, col 2), the law expressly Stayed tive distributees are his parents. The Indicated to himself the sum of $4,515.00 in reim­ Josephine Goldsmith; Nikita Akiana-Jani authorizes trustees, with the consent of State Farm Mutual v. Infante New York Slate Department of Taxation bursement of decedent’s funeral expens­ Smalls Stewart; Elias J. Drexler; Adrinne Justice Gammerman (JHO> all interested persons — all of whom are (8372/04)—Case Disposed and Finance has consented to the appli­ es. Stradford Jackson; Elinor Tolbert; Dinh petitioners herein (see EPTL 7-1.13[hl) — Trawally v. 41 Elliot Pl. Corp. cation. Under the circumstances pre­ Denali Const. Corp v. 243-245 West The net proceeds shall be distributed to make such division without Court Toong; Mary Carcerano; Miriam Lasdon equally to decedent’s children, Hendrick Gerrity; Mary Kohl; Linda Greene; (25939/99)—Referred To Another Judge sented, including that no debts or 19th (106651/04)—Case Disposed approval (EPTL 7-1.13[a] [2]). Therefore, claims have been presented against the Colon, Pavel Colon and Jimenoa Colon, the application to divide the marital trust Marion C. Baer; Aline M. Lane; Robert Justice LaTia W. Martin Justice Edward Lehner Thomajan; Edward P. Fahy; John Ma; estate that are not being satisfied here­ as directed in the decree. into two equal trusts, “Marital Trust A,” Tsikentzoglou v. Mallios (4172/02)— New York’s Health & Human v. Decree settling administrator’s Lexius Harper; John W. Dean; Beatrice in, the request to allocate the entire pro­ of which the testator’s issue per stirpes Decision Rendered ceeds to the claim for wrongful death is Wyckoff Heights Hosp. (103663/04)— account signed. are the presumptive remaindermen, and Korn; Joseph H, Hess; Alice Hayden; Case Disposed/settle Order Jenny Goldfarb; Camilla Cooper Hewitt; Justice Douglas £. McKeon approved. ESTATE OF ARTHUR G. ALTSCHUL “Marital Trust B,” of which Whitney Counsel fees and disbursements are Justice Robert D. Lippmann Frieda Clive; Gladys Goidell; Betram E. Parkchester South v. Salomon deceased — The trustees, income bene­ Sudler Smith is presumptive remainder­ allowed in the sum requested. The net Kessler; Evan Arthur Stoliar; Roslyn (13204/02)—Pd - Motion Decided Public Service Mutual v. Molod Spitz ficiary, and presumptive remaindermen man, is granted. distributable proceeds are to be paid Zucker; Pearl Lerner; Heloise B. Hough; & Desantis Pc. (110048/04)—Motion of the trust under Article SIXTH of the Petitioners also seek a direction to Justice Betty O. Stinson according to the terms of the stipula­ Bartlett Arkell; Dorothy Phillips; Disposed As Indicated will of Arthur G. Altschul have all peti­ have the optional unitrust provisions of tion. EPTL 11-2.4, rather than the uniform prin­ Belisario Rodriguez; Milton Jiler; Wendy Grant v. Vita (13206/98)—Pd - Motion tioned for the division of the trust into Weiss; Ena Jones; Henry Silberschmidt; Decree signed. Justice Richard B. Lowe two equal trusts, the conversion of each cipal and income act of EPTL 11-A, apply Granted Chin Mei Chiu; Morris Podell; Jerold Matlib v. Davis (6278/04)—Case Dis­ ESTAFE OF SOPHIE HUTNICK, Foley v. Fiduciary Ins. Co. of America trust to a unitrust, and the appointment to Marital Trusts A and B (see EPTL 11- 2.4[el[2][B]). The application of the vir­ Gibbs; John Fitzsimmons; Avis E. posed deceased — In this application by an (602448/03)—Motion Withdrawn of an additional co-trustee of one of the Harvey; Raphael Kelly; Shirley Shiller; Saatchi & Saatchi North v, Chunko newly created trusts. tual representation provisions of SCPA Justice Nelson S. Roman alleged creditor for the issuance of let­ John P, Rosenthal; Phyllis Goldman; ters of administration to the Public (603313/02)—Motion Disposed As Indi­ Article SIXTH provides for a marital 315 to the unitrust conversion statute (EPTL ll-2.4[e][3]) renders service of Basil Manly Briggs Jr.; Sally Gaiter; Sonia Bank One v. Henry (27061/03)—Case Administrator, there was no appear­ cated trust, with income payable to the testa­ Francis: Catherine Stokes; Ebba Blanck; Disposed Settle Order tor’s spouse Patricia Dey Altshul, and a process upon contingent remaindermen ance in opposition and the Public unnecessary. Helen B. Place; Mary Isabelle Larkin: Betances v. 151 Nagle Rlty. Corp. discretionary power in the trustees to Administrator consented on the record SURROGATE’S COURT invade principal for her benefit. Upon the The trustees have represented to the Berniece Harris; Francisco Varela (7994/02)—Decision Rendered in open court. Accordingly, a decree Court that they have considered all fac­ Gomez; John F. Thompson; Benjamin Canales v. Santiago (26901/03)—With­ death of Patricia Dey Altshul, the remain­ Van Duuren; Daquan Anthony Meadows; may be settled granting letters of Surrogate Preminger tors relevant to the trusts and the trust drawn administration to the Public der is to be divided into equal shares, Dominque Delores Meadows; Quanasia such that there is one share for her son beneficiaries — including the factors enu­ Edwards v. Orchid Biosciences, Inc. Administrator. ESTATE OF ROBERT MARCECA, Monique Meadows; Winston L. (24655/03)—Withdrawn deceased — Subsequent to the filing of a Whitney Sudler Smith, if living, but If not, merated in EPTL 11 -2.4(e)(5)(A) — and Hamilton: Sigrid U. Fenton; Adele B. Hanley V. Nyp Hldgs. Inc. (28084/01)— ESTATE OF SONIA APHOUA note of issue in this matter, this proceed­ for his Issue per stirpes, and another have concluded that unitrust conver­ sions would effectuate the testator’s Greenberg: Joseph Vincent Kaston; Withdrawn LAWRENCE YEBARTH, also known as ing is referred to the Hon. Ira share for the testator’s issue per stirpes, Edythe Feinberg; Ross W. Skipper; Intent, serve the interests of all trust ben­ Lopez V. Avella (26804/02)—Decision SONIA YEBARTH, deceased — This is Gamraerman pursuant to SCPA 506(1], subject to the continuing trust provisions Morgan Guaranty Co. of New York; eficiaries, and facilitate administration of Rendered an application by the decedent’s to hear and report on the contested of Article EIGHTH of the will. Article Catherine Owens Kirkpatrick; Pablo NINTH of the will provides for a distribu­ the trusts (see Matter of Despard, NYU, Padilla v. Montilla (13432/02)—With­ spouse, the administrator, to compro­ issues raised herein for the discovery Velazquez Jr. (2); Eva L. Rothberg; mise causes of action arising from the and turnover of property allegedly with­ tion of the remainder to charity, in the Aug 7,2003, at 21, col 5). The conversion drawn of a trust to a unitrust is presumptively Harvey B Kaufman; Joel C. Newman; events leading to the decedent’s death held by respondent Goldie Rotenberg. event no issue of Patricia Dey Altshul or Hertha Wiesel; Edith Frankel; Jack Justice Norma Ruiz the testator survives her. reasonable (EPTL ll-2,4;e][5][B]): more­ and to judicially account for the recov­ (SCPA 2103) Levinson; Tonya Perrine; Kamir King; Terminelle v. Madison Plastic Surgery Article TENTH of the will names three over all interested parties have Joined in ery, which takes the form of both up­ This memorandum shall constitute the Christine Megan Carrillo; Griselda (8221/99)—Motion Granted/ext order of the Court, which the Clerk of the trustees of the marital trust: Patricia Dey the request. Therefore, the Court deter­ front and deferred payments. mines that the optional unitrust provi­ Margaret Forbes Martineau; Ita Lyons; Justice K. L. Thompson, Jr. The decedent died intestate on Court is directed to mail to the parties. Altshul, Whitney Sudler Smith, and Robert W Quine; Cynthia Howe Armour; Spencer Davidson. sions of EPTL ’ 1-2.4 shall apply to each November 2, 2001 from alleged medical MATTER OF BRYAN ANTHONY ALLEN Hortensia Gonzalez; Claire Kanyak; Carl Velez V. Montefiore Medical malpractice. The decedent’s distribu­ Letters of trusteeship were issued on of the two marital trusts. Petitioners hav­ JONES —- This is an application pursuant August 16,2002 to Patricia D. Altschul, Ruwalski; Catherine Maldonado; (25022/98)—Special Preference Granted tees are the petitioner and two infant ing taken no position as to the effective to SCPA Article 17 to appoint a successor Whitney Sudler Smith, and Spencer date of the conversion,' the application Guillermo Santiago; Cecil H. Suffern; Justice P. A. Wslliams children. The guardian ad litem for the guardian of the property of an infant. James Lugo; Lenore K. Greenberg: Paul infants reports that she is satisfied with Davidson, as trustees of the marital trust, of the unitrust statute shall have Carrasquillo v. Moss (16887/03)— Based on testimony, documentary evi­ J. Bunzalik; Maile Macalena; Frederick H. the amount of the settlement and the but on May 30, 2003, before the trust was prospective effect, as of the first day of Motion Granted/ext dence, and the report of the guardian ad the year immediately following this deci­ Guterman: James Alfred Mohammed: distribution of the net proceeds in the funded, the Court granted Spencer David­ Jerome Smalls; Ophelia Ethel Watson; Govt. Employees v. Alonzo litem, the Court is satisfied that petition­ son’s request for leave to resign; accord- sion (see EPTL l3-2-4[e]l4][ADJ percentages set forth in her report (see er, the ward’s natural mother, is a suit­ Robert D, Gittler; David W. Ormes; (17082/04)—Motion Granted/ext , ingly, at present, only the testator’s Finally, petitioners have requested that Lazcano v. Prioleau (26270/02)— Matter of Kaiser, 198 Mise. 582 [1950]). able guardian. Spencer Davidson be appointed co­ Wynee Wong; George E. Roth: Jeff Stith; spouse Patricia D. Altschul and her son Gloria Agostini. Motion Granted on A Default She also reports in favor of the pro­ Successor letters of guardianship of Whitney Sudler Smith serve as trustees trustee of Mcirital Trust A, to serve in posed structured payments set forth in the property of Bryan Anthony Allen Tamondong v. Integra Const. of the marital trust. conjunction with Patricia Dey Altschul (7408/00)—See Memo Decision her report. Under the circumstances Jones shall issue to Evangeline Atell upon A Court may direct the establishment and Whitney Sudler Smith. Such appoint­ presented, including the consent of the her duly qualifying according to law. of two or more separate trusts for any ment would effectuate the testator’s New York State Department of Taxation Submit decree. reason not directly contrary to the pri- direction, expressed in Article TENTH of (1) Cf. Matter of Ives, NYU, July 29, 2002, at SURROGATE’S COURT and Finance and the lack of any debts or 28, coi 3, in which petitioners asked the Court claims being presented that are not to direct the application of the unitrust Surrogate Holzman being satisfied herein, the request to statute to a trust retroactively, as of the first allocate the entire proceeds to the cause ;

Decisions of Interest day of the year in which the petition was ESTATE OF RUTH KATZ, ALSO KNOWN AS RUTH A. KATZ, .ALSO of action for wrongful death is granted. approved. (2) See also Matter of Heller, NYU, Jan 23, known as RUTH H. KATZ, deceased — 2004, at 25, col 6, in which the Court ruled In this application for the issuance of Disbursements are allowed in the that a trustee’s election to convert a pre-exist- ' letters of administration to the petition­ reduced sum requested. Counsel fees / — ing trust to a unitrust shall be effective as of er, the decedent’s son, there was no are allowed in the share requested pur­ the first day of the year commencing after the suant to Judiciary Law §474-a. The sum Company Properly Alleges That Its Marks Have election is made. Surrogate Roth appearance in opposition. However, it appears that the decedent’s surviving spouse may be under a disability. If the of $10,493.49 is to be paid to the New York City Department of Social Services

Become Associated With Ite Diamond Products ESTATE OF EDITH PREISNER — After conference with the Court, this contest­ ed application to determine the validity default of the surviving spouse was caused by the alleged disability, it would also render him indi^ble to and shall be deducted from the share payable to the petitioner, as requested. The net distributable proceeds are to be Continued from page 23, coSuma 6 motion to dismiss the Lanham Act claim is therefore of the claim of Paul Foster, Esq., against serve as the fiduciary. Under the cir- paid as requested: 42 percent to the denied.' the estate of Edith Preisner was .settled /-•I imctanr-ac SDOUSe. 32 nercpnt to KppSan noiidoiiv.

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