ESTATE OF PHILIP RUBIN, Deceased (2045/C/09) — This is an application for withdrawal of funds that were deposited to the credit of decedent's unknown maternal distributees pursuant to decree of this court dated November 9, 2011. A prior decision of this court dated October 11, 2011, established that decedent was survived on the paternal side by six first cousins, to whom half of the net estate was accordingly distributed.

Based upon proof submitted, the court finds that decedent is survived on the maternal side only by one first cousin. The court is further satisfied that diligent and exhaustive efforts have been made, without success, to ascertain the existence of other maternal distributees, that more than three years have elapsed since decedent's death and that no claim to a distributive share has been made by any person other than the above mentioned. The court, therefore, determines that no maternal distributees exist other than the sole distributee ascertained in the record before the court (SCPA §2225).

Accordingly, the Commissioner of Finance for the City of New York, after deducting his fees and charges as provided by law, is directed to pay the funds on deposit, plus accrued interest to Ethyl N. Spector and Jeffrey M. Rubin, as co-administrators of the estate of Philip Rubin, deceased.

Settle decree with a provision for fixing the award to the guardian ad litem.

January 10th, 2013