2008-12-17 / Legals

Public Notices

CITATION SURROGATE'S COURT, NASSAU COUNTY THE PEOPLE OF THE STATE OF NEW YORK, By the Grace of God Free and Independent TO: Stephanie Davis, Margaret Demarco, Patricia Konrad, Frank Prost, Maureen Robinson, Liberty Mutual Insurance Company, Petro Heating Oil & Services, New York State Attorney General and any and all unknown distributees, heirs-at-law and next-of-kin of JOSEPH F. KOMAREK, deceased, if living, whose names, whereabouts, and addresses are unknown to petitioner herein, and, if dead, having survived the decedent, their distributees, heirs-at-law, next of kin, executors, administrators, successors in interest and assigns, whose names, whereabouts and addresses are unknown to the petitioner herein, and any other person who might have an interest in the estate of JOSEPH F. KOMAREK, deceased, as distributees or otherwise, all of whose names, whereabouts and addresses are unknown to petitioner herein, and cannot, after diligent inquiry, be ascertained by the petitioner. A petition having been duly filed by Eric P. Milgrim, Public Administrator of Nassau County, who is domiciled at 240 Old Country Road, Mineola, New York 11501, United States. YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Nassau County, at 262 Old Country Road , Mineola, New York, on January 21, 2009, at 9:30 o'clock in the fore noon of that day, why the account of Eric P. Milgrim, Public Administrator of Nassau County, a summary of which has been served herewith, as Administrator of the Estate of JOSEPH F. KOMAREK should not be judicially settled. [X] Further relief sought (if any): 1. Releasing and discharging petitioner, Eric P. Milgrim, Public Administrator of Nassau County, from all liability, accountability and responsibility as to all matters set forth in the account of proceedings; 2. Approving and allowing to petitioner, Eric P. Milgrim, Public Administrator of Nassau County, fiduciary commissions in the amount of $24,063.36 pursuant to New York Surrogate's Court Procedure Act ("SCPA") § 2307(1), and the reasonable and necessary expenses of the Office of the Public Administrator, in the amount of $6,688.44, pursuant to SCPA § 1207(4); 3. Approving the Public Administrator's reimbursement of Decedent's funeral expenses, in the amount of $7,469, to Decedent's alleged maternal first cousin, Frank Prost; 4. Disallowing the claim of Decedent's alleged maternal first cousin, Frank Prost, in the amount of $2,880, for cleaning services allegedly performed in and upon the real property owned by Decedent, on the grounds that any such cleaning services were unauthorized by the Public Administrator and therefore any such claim seeking payment for such cleaning services is unenforceable against the assets of Decedent's estate; 5. Disallowing the claim of Decedent's alleged maternal first cousin, Margaret DeMarco, in the amount of $480, for cleaning services performed in and upon the real property owned by Decedent, on the grounds that any such cleaning services were unauthorized by the Public Administrator and therefore any such claim seeking payment for such cleaning services is unenforceable against the assets of Decedent's estate; 6. Disallowing the claim of Decedent's alleged maternal first cousin, Maureen Robinson, in the amount of $2,880, for cleaning services performed in and upon the real property owned by Decedent, on the grounds that any such cleaning services were unauthorized by the Public Administrator and therefore any such claim seeking payment for such cleaning services is unenforceable against the assets of Decedent's estate; 7. Disallowing the claim of Decedent's alleged maternal first cousin, Frank Prost, in the amount of $1,500, for legal services rendered to claimant by the law firm of Jakubowski, Robertson & Goldsmith, LLP, on the grounds that the legal services rendered were provided to claimant personally and were not provided to the Public Administrator during the course of its administration of Decedent's estate and therefore any such claim seeking reimbursement for such legal services is unenforceable against the assets of Decedent's estate; 8. Disallowing of the claim of Petro Heating Oil and Services on the grounds that claimant has (i) failed to submit documentary evidence sufficient to substantiate any such claim, and (ii) failed to complete and return the Affidavit of Claim provided to claimant by the Public Administrator and required pursuant to SCPA §1803; 9. Fixing and determining the accountant's fees of Rispoli & Curti, CPA's, P.C. in the amount of $2,725 of which $1,575, has been paid and $ 1,150 remains unpaid; 10. Fixing and determining the attorneys' fees of Brosnan & Hegler, LLP, attorneys for the petitioner, Eric P. Milgrim, Public Administrator of Nassau County, in the approximate amount of $41,578.25, of which $31,578.25 has been paid and approximately $10,000 remains unpaid; 11. Authorizing the Public Administrator to distribute the net estate to the New York State Comptroller for the benefit of Decedent's unknown distributees; 12. Releasing and discharging the surety, Liberty Mutual Insurance Company; and 13. Granting such other and further relief as this Court deems just and proper. Dated, Attested and Sealed, HON. John B. Riordan Surrogate November 26, 2008 S/ Michael P. Ryan Seal Seal Chief Clerk Christian P. Staples Attorney Name Brosnan & Hegler, LLP 516) 739-1462 Firm Tel. No. 1325 Franklin Avenue, Suite 165, Garden City, New York 11530 Address NOTE: This citation is served upon you as required by law. You are not required to appear. If you fail to appear it will be assumed that you do not object to the relief requested. You have a right to have an attorney appear for you, and you or your attorney may request a copy of the full account from the petitioner or petitioner's attorney. 4x 1/7/09 #895-POST

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