• Surrogate's Court, Bronx County
  • 13/626/E
  • Feb 16 2017 (Date Decided)
  • Surrogate Malave-Gonzalez
ESTATE OF LINDA LAVONDA RICHBURG JAMES, Deceased (13/626/E) — In this application, the petitioner, the decedent's spouse who is the administrator of the decedent's estate, seeks an order pursuant to EPTL 5-1.1-A (d) (2) granting him permission to file a late notice of intent to assert a spousal right of election in order to make a claim against the decedent's New York City Employees Retirement System (NYCERS) death benefits of which the decedent's mother and daughter are equal beneficiaries. The application is opposed by the decedent's mother who filed objections asserting, inter alia, that the request is time-barred, and NYCERS responded that it cannot presently pay the death benefits to any party because they are restrained pursuant to the order of the Supreme Court, Bronx County (Suarez, J.) dated October 21, 2013. After the application was marked "submitted," counsel for the two beneficiaries withdrew the daughter's objections, but continues to assert the mother's objections thereto.

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