Fattorusso v Dicioccio

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Fattorusso v Dicioccio 2021 NY Slip Op 30563(U) February 22, 2021 Supreme Court, Kings County Docket Number: 519493/2018 Judge: Ingrid Joseph Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] KINGS COUNTY CLERK 02/25/2021 11:17 AM INDEX NO. 519493/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/25/2021 At an !AS Term, Part 83 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 22nd day of February, 2021. PRESENT: I ION. INGRID JOSEPH, Justice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X ETHEL FATTORUSSO, Plaintiff, Mot. Seq. I Index No. 519493/2018 - against - DECISION AND ORDER EZIO DICIOCCIO, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X The following papers numbered I to 4 read herein: Motion/ J\ ffidavit/ J\ ftirmation Annexed/Exhibits .............. . Opposition ........................................................................ . Papers Numbered 9 - 20 23 In this action to recover damages for personal injuries, plaintiff Ethel Fattorusso ("plaintiff') moves by Notice of Motion pursuant to CPLR § I 0 I 5 for an order appointing a temporary administrator to substitute defendant Ezio Dicioccio (deceased), and, in accordance with CPLR § I 02 I, for an order appointing the Law Offices of Karen L. Lawrence, or, alternatively, the Public Administrator of Kings County, as Temporary Administrator of the Estate of Ezio Dicioccio. Plaintiff further requests an order limiting temporary administration to an amount not to exceed the liability policy provided in the decedent's policy of insurance with Allstate Insurance Company. In support of the motion, plaintiff submitted I) a copy of the Summons with Notice and 1 of 4 [*FILED: 2] KINGS COUNTY CLERK 02/25/2021 11:17 AM NYSCEF DOC. NO. 26 INDEX NO. 519493/2018 RECEIVED NYSCEF: 02/25/2021 Verified Complaint; 2) the defendant's Answer; 3) discovery-related orders; 4) a copy ofa letter from the decedent's counsel dated September 21, 2020 with a copy of the decedent's Death Ccrtilicate annexed; 5) copies of letters that plaintiff's counsel sent to the decedent's widow, Norma Dicioccio, and son, Alfonso V. Dicioccio; and 5) atlidavits of service showing that the instant motion was served upon defendant's counsel, Norma Dicioccio and Alfonso V. Dicioccio. Plaintiffs counsel contends an appointment of a temporary administrator is necessary. because she was unable to ascertain from the decedent's widow and son. alter sending multiple letters, whether they intended to apply for Letters Administration pertaining to the decedent's estate, or, if no Letters of Administration were petitioned. if decedent's widow and son would consent, or objected, to temporary appointment of the decedent's insurer, Allstate Insurance Company. Counsel on behalf of Allstate Insurance Company, the Karen L. Lawrence Law Firm, submitted partial opposition to the extent of objecting to that branch of the motion requesting that Karen L. I ,awrencc is appointed Temporary Administrator of the decedent's estate. The parties' respective counsel appeared at the conference held via Microsoft Teams on February 4, 202 I. No one appeared from the decedent's family. NOW. upon reading the Affirmation of plaintiffs attorney, Mirra Khavulya, Esq. (exhibits annexed), the Anirmation in partial opposition of Lauren M. Piacentini, Esq. on behalf or the Law Office of Karen L. Lawrence, after oral argument, and, upon the court's determination that the appointment of a temporary administrator will not negatively effect the Estate of Fzio Dicioccio. it is hereby ORDERED, that the motion is granted to the extent that the automatic stay is lifted and 2 2 of 4 [*FILED: 3] KINGS COUNTY CLERK 02/25/2021 11:17 AM NYSCEF DOC. NO. 26 INDEX NO. 519493/2018 RECEIVED NYSCEF: 02/25/2021 The Public Administrator of Kings County, as Administrator of the Estate of Ezio Dicioccio, is to be substituted in place of defendant Ezio Dicioccio (decedent), and it is further ORDERED, that the caption of this action shall be amended to substitute The Public Administrator of Kings County, as Administrator of the Estate of Ezio Dicioccio, in place of defendant Ezio Dicioccio, as follows: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X ETHEL FATTORUSSO, Plaintifl: - against - THE PUBLIC ADMINISTRATOR OF KINGS COUNTY, AS ADMINISTRATOR OF THE ESTATE OF EZIO DICIOCCIO, Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X and it is further, ORDERED, that the amended caption is without prejudice to proceedings already had herein; and it is further ORDERED, that the temporary administration of the Public Administrator of Kings County, as Administrator of the Estate of Ezio Dicioccio, is limited to the amount of the motor vehicle liability insurance provided under the decedent's policy of insurance with Allstate Insurance Company, and it is further ORDERED, that the Summons and Complaint together with a copy of this order with Notice of its Entry shall be served upon the Public Administrator of Kings County, as Administrator of the Estate of Ezio Dicioccio, in accordance with CPLR § 308, and upon Norma 3 3 of 4 [*FILED: 4] KINGS COUNTY CLERK 02/25/2021 11:17 AM INDEX NO. 519493/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 02/25/2021 Dicioccio and Alfonso V. Dicioccio by United States Postal Service, Certified Mail, Return Receipt Requested within twenty (20) days of entry. This constitutes the Decision and Order of the Court. ENTER HON. ING I .JOSEPH .J.S.C I , 'OV>·.:.-1 ._,•~-,.., ..!.•4_,~ii • f.i'l.,!.·· &!Ol'Gi'~.'.() C~w' J;,ar.;'~'" 4 4 of 4

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