Opinion
Index No. 520606/2016
12-01-2022
GINA MATTISON, Plaintiff(s) v. DONOVAN MAYLER and NIKITA MATTISON, Defendant(s)
Unpublished Opinion
PRESENT: Hon. Debra Silber, Justice.
Hon. Debra Silber, J.S.C.
The following papers numbered 1 to read on this motion Papers Numbered
Notice of Motion - Order to Show Cause and Affidavits (Affirmations) Annexed ___ 39-46
Answering Affidavit (Affirmation) ___ 47-48; 49-50
Reply Affidavit (Affirmation) ___ 51; 52
___ Affidavit (Affirmation) ___
Pleadings - Exhibits ___
Stipulations - Minutes ___
Filed Papers ___
Plaintiffs motion to appoint a temporary administrator for the Estate of Donovan Mayler and to amend the caption accordingly is granted without opposition after virtual oral argument.
Defendant Mayler died in the country of Jamaica, with two pending cases which arise from the same motor vehicle accident. They are both stayed because of defendant Mayler's death in 2019. In order for the instant action to proceed, the court has determined that it is appropriate to invoke its power to appoint a temporary administrator, as Maylor appears to have died without any assets in the State of New York. See Dieye v Royal Blue Services, Inc., 104 A.D.3d 724 (2d Dept 2013).
However, the court has determined that the person who should be appointed is not the person proposed in the motion, but the former attorney for the decedent. Therefore, Rafaqat Cheema, Esq., of the Law Offices of Cheven, Keely &Hatzis, former counsel for the decedent Donovan Mayler, is appointed as Temporary Administrator of the Estate of Donovan Mayler, solely with regard to one asset, the automobile insurance policy he held at the time of his death, and only until the end of the litigation which has arisen as a result of the accident which took place on 10/14/15, one case under this index number and one under Ind. 520756/2016. No claims may be made against his estate in excess of the policy limits. The stay of this action is hereby lifted. The caption is amended to reflect that defendant Mayler is substituted by: Rafaquat Cheema, Esq., as Temporary Administrator of the Estate of Donovan Mayler.