ESTATE OF JULIAN A. SANCHEZ, Deceased — In this compulsory accounting proceeding by the decedent's former spouse against his spouse, the fiduciary of the estate, the former spouse alleges that at the time of his death, the decedent was in arrears in the sum of $9,979.05 for court-ordered maintenance and child support.

On the adjourned return date of the citation the fiduciary appeared through an attorney who filed a notice of appearance on her behalf. The fiduciary was granted a period of time to file objections; however, to date, no objections have been filed. In the absence of any written opposition to the petition, the uncontroverted statements of fact and the submitted documents are deemed due proof thereof (SCPA 509). The uncontested allegations establish that the decedent failed to pay petitioner herein the sum of $9,979.05 for court-ordered maintenance and child support obligations due to the petitioner.

Accordingly, the petition is granted to the extent of directing the fiduciary to pay the aforesaid sum to the petitioner. Notwithstanding the default of the fiduciary, the order to be entered hereon shall be settled upon her.

Settle order.

January 25, 2013