In re Aglira

• Citation: 2022 NY Slip Op 32264 (U)
• Decision Date: 11 July 2022
• Docket Number: s. 2013-1103/H,2013-1103/I
• Parties: ESTATE OF MICHAEL AGLIRA, Deceased
• Court: New York Surrogate Court

2022 NY Slip Op 32264(U)

ESTATE OF MICHAEL AGLIRA, Deceased

Nos. 2013-1103/H, 2013-1103/I

Surrogate's Court, Bronx County

July 11, 2022

Unpublished Opinion

Nelida Malave-Gonzalez Judge

In these two applications, Barry Hecht, Esq. (the "petitioner"), who was appointed co-administrator d.b.n. of this estate pursuant to a decree dated September 18, 2014 (see Matter of Aglira, NYLJ, Aug. 27, 2014 at 22, col 6 [Sur Ct, Bronx County 2014]) now petitions seeking leave to resign and judicially settle an intermediate account. On the return date of citation in both proceedings, which were held on the court's virtual platform, the petitioner appeared remotely with the other admdinistrator d.b.n., who consented to both applications on the record. Citations were also served upon the decedent's distributees, the fiduciary of the estate of a postdeceased sister and two brothers, who did not appear and have not asserted opposition to the court to date. The New York State Department of Taxation and Finance thereafter consented to the relief sought in each application.

The decedent died intestate on May 1, 2013 in a house fire. The post-deceased sister, who previously represented to the court that she

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was the decedent's sole distributee, was appointed administrator of the estate by decree dated June 26, 2013. After it came to the attention of the court that the decedent also had two brothers, pursuant to two "so-ordered stipulations" executed by the three siblings and their attorneys, the sister was granted permission to resign, and the two attorneys, who respectively represented the sister and the two brothers, were appointed successor fiduciaries of the estate. In addition to realty, the estate assets consist of ongoing annuity payments.

In support of the two applications, the petitioner states that he is retiring from the practice of law and does not wish to continue to serve as fiduciary in any capacity. He requests that the court award interim commissions to both co-administrators d.b.n. and seeks legal fees of $5,250 and reimbursement of the $420 filing fee herein. In further support of the fee request, petitioner's affirmation of services alleges that a total of 15 hours have or will be spent in the accounting proceeding, of which it is anticipated that one hour will be spent preparing a decree and 2.75 hours of services will be incurred in winding up the petitioner's duties as a fiduciary.

The court bears the ultimate...