ESTATE OF EUGENE METZ, Deceased — In this proceeding to judicially settle the account of the Public Administrator, a kinship hearing was held before a member of the court's Law Department designated to hear and report, upon the consent of all parties. More than 10 days have elapsed since the mailing of the referee's report, as amended, and no party has moved to modify or overrule the report.
After review by the court, the findings of fact and conclusions of law set forth in the November 23, 2012 report, as amended by the November 30, 2012 report, are confirmed, including that the decedent was survived by one maternal aunt, Dorothy Freedman, who is entitled to one-sixth of the maternal half of the estate, or onetwelfth of the entire net distributable estate, and by eight maternal first cousins, namely, Marvin Friedman, Morris Friedman, Jeanette Swick, Kenya Cardis, Helene Krivosha, Sondra Ettlinger, Pro Sherman and Lawrence Kagan, each of whom is entitled to five forty-eighths of the maternal half of the net distributable estate, or five ninety-sixths of the entire net distributable estate (see EPTL 4-1.1 [a] [6]). As noted in the referee report, at the conclusion of the hearing the matter was marked submitted only as to the maternal side, as counsel for the alleged paternal distributees requested that the paternal half not be marked submitted until January 7, 2013, when the ameliorative provisions of SCPA 2225 could be utilized in determining the distributees entitled to share in that one-half of the net distributable estate.
The Public Administrator shall update her account and settle an interim decree providing for the retention of an appropriate reserve and the distribution of the maternal half of the estate directed herein.
December 24, 2012
