Jerome T. Stackowitz died intestate on November 30, 2018. Letters of Administration were issued to John Stackowitz, Jr., one of two distributees of the decedent's estate.

On June 17, 2020, a document entitled "John Stackowitz's Assignment No.1, Sale and Transfer of Beneficial Interest in Decedent's Estate to Probate Advance, LLC" was filed with the Court. On its face this instrument is an assignment of $28,000 of the interest of John Stackowitz, Jr. in this estate in exchange for an immediate cash payment of $15,000.

The assignor, John Stackowitz, Jr., filed a petition with the Court on July 28, 2020 requesting the Court to fix and determine the validity and reasonableness of the compensation to be paid to the assignee, Probate Advance, LLC, pursuant to SCPA §2112 and EPTL §13-2.3(b)(3).

A citation was issued on the petition, duly served on Probate Advance, LLC, returnable before the Court on August 31, 2020. The appearance of Aswad & Ingraham, LLP, Thomas A. Saitta, Esq., of counsel, on behalf of Probate Advance, LLC, was communicated to the Court and a Notice of Appearance was filed August 31, 2020.

Counsel for petitioner, Levene Gouldin & Thompson, LLC, Amanda L. Giannone, Esq., of counsel, communicated to the Court in advance of the return date that petitioner had "settled" the matter with Probate Advance, LLC and wanted to withdraw his petition due to concerns about the cost of pursuing this petition, as communicated to him by Probate Advance, in light of his COVID-induced economic circumstances, which had led to his assignment in the first place. A notice of withdrawal of the petition was forwarded to the Court on or about August 25, 2020, with a proposed Order dismissing the proceeding. The Court declined to execute the proposed Order and advised the parties to appear for the scheduled return date.

Appearing at the return were petitioner, by attorney Giannone, and Probate Advance, LLC, by attorney Saitta. The Court acknowledged petitioner's desire to withdraw his petition, but also stated the intention to convert this proceeding to one on the Court's own initiative, as confirmed in this written decision.

The filed assignment which is the subject of this proceeding is an assignment within the meaning of EPTL §13-2.3(a). The compensation payable under this assignment is subject to [*2]Court review and determination in a proceeding brought either by an interested party, such as petitioner, or by the Court on its own initiative. SCPA§ 2112(2). The Court takes note of petitioner's concern about further imperiling his economic circumstances by pursuing this petition and will convert this proceeding to one on the Court's initiative, with the petition and supporting affidavit treated as pleadings filed in the Court's proceeding. Probate Advance, LLC will be given the opportunity to submit responsive papers and the Court will render a decision on the pleadings.

Now, therefore, it is

ORDERED, that this petition is converted to a proceeding on the Court's own initiative, pursuant to SCPA §2112(2); and it is further

ORDERED, that the petition and supporting affidavit will be treated as pleadings in the Court's proceeding; and it is further

ORDERED, that Probate Advance, LLC may submit a written response in this proceeding, by close of business November 20, 2020; and it is further

ORDERED, that the Court will render a decision on the written pleadings, unless any party requests oral argument; and it is further

ORDERED, that there will be no extention of any deadline set forth in this decision without written authorization of the Court; and it is further

ORDERED, that the Chief Clerk of the Court will serve a copy of this filed decision by email on the respective counsel for the assignor, John Stackowitz, Jr., and assignee, Probate Advance, LLC.

This Decision constitutes the Order of the Court.