[*1]
Guillen v Velastegui
2011 NY Slip Op 52156(U) [33 Misc 3d 1229(A)]
Decided on November 15, 2011
Supreme Court, Queens County
Markey, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 15, 2011
Supreme Court, Queens County


Maria Del Carmen Guillen, Plaintiff,

against

Maria L. Velastegui and Digna Ordonez, Defendants.




4700/2011



For the Plaintiff: Law Offices of Richard La Salle, by Gergana Tzonkova, Esq., 88-01 Roosevelt Avenue, Jackson Heights, New York 11372

For Defendant Maria L. Velastegui: William Sena, Esq., 37-32 75th Street, Jackson Heights, New York 11372

For Defendant Digna Ordonez: Ginsburg & Misk, 215-48 Jamaica Avenue, Queens Village, New York 11428

Charles J. Markey, J.



Pursuant to an order of this Court dated May 18, 2011, plaintiff was directed to join the estate of Bolivar Guillen as a party plaintiff by service on the personal representative of the estate. Plaintiff, by her motion, currently seeks to have this Court appoint her as the personal representative. Although this Court has the authority to [*2]appoint a fiduciary, the power to do so should be exercised sparingly (see, Ganthier v Kurtz, 28 Misc 3d 1219(A), 2010 WL 3122945, 2010 NY Slip Op 51399(U) [Sup Ct Queens County 2010] [decision by the undersigned]).

The factual circumstances presented do not warrant the resolution of this issue outside of the expertise of the Surrogate's Court (see, Jones v Vetter, 188 Misc 2d 475 [Sup Ct Nassau County 2001]). The Court further notes this action is in its early stages and will not be delayed by the appointment of a personal representative in the usual manner (see, Abecasis v Fontanazza, 10 Misc 3d 195 [NYC Civ Ct Kings County 2005]).

Accordingly, upon the foregoing papers, the plaintiff's motion is denied. This action shall be stayed pending the appointment of a necessary party, the personal representative of Bolivar Guillen's estate.

The foregoing constitutes the decision, order, and opinion of the Court.

______________________________Hon. Charles J. Markey

Justice, Supreme Court, Queens County

Dated: Long Island City, New York

November 15, 2011