Matter of Harvey

Surrogate's Court, Nassau County

Decided on April 17, 2026

File No. 2020-2555

David P. Sullivan, J.

Before the court is a contested administration proceeding for the appointment of an administrator and the issuance of letters of temporary administration for the estate of the decedent, Julie Harvey, a/k/a Julie Autto Harvey, Julie A. Harvey, Jules Harvey and Jules Harvey, Sr. (the decedent), who died a resident of Nassau County on April 28, 2020. The decedent was survived by four children, Brittany Shante Harvey (Brittany), Jules A. Harvey [*2](Jules), Courtney Renee Smith (Courtney), and Juarez Pedarro Newsome (Juarez). Both Courtney and Juarez are non-marital children of the decedent. Although Juarez was initially identified as an alleged non-marital child of the decedent, his status as a child and, therefore, a distributee, has been confirmed through DNA testing.

Four petitions have been filed in this proceeding all seeking the appointment of an administrator and the issuance of temporary letters of administration. Jules and Brittany co-petitioned for the issuance of letters of temporary administration and letters of administration to themselves (File No. 2020-2555). Thereafter, Juarez filed a cross-petition (File No. 2020-2555/B) seeking the appointment of the Public Administrator of Nassau County as administrator and temporary administrator. Subsequent thereto, Brittany filed another petition (File No 2020-2555/C) seeking her appointment, without Jules, as administrator and as temporary administrator. Juarez's petition (File No. 2020-2555/B) was "marked inactive" by the court. Juarez then filed a new petition seeking the same relief as he petitioned for in the inactive sub-file B proceeding, specifically the appointment of the Public Administrator as temporary administrator and administrator (File No. 2020-2555/D). After numerous attempts to settle the matter, which resulted in various stipulations, the parties agreed that Brittany would be appointed as the administrator upon the posting of a bond. Juarez has now withdrawn his consent due to Brittany's failure to post a bond and due to alleged misconduct on her part.

SCPA 901 (1) provides that temporary administration may be granted if the court finds it is in the best interests of the estate "[w]hen for any cause delay occurs in the grant of letters on the estate of a decedent or a person alleged to be deceased or in the probate of his or her will." "While the court has little discretion in the statutorily mandated appointment of eligible distributees in an administration proceeding, appointment of a temporary administrator is in the sound discretion of the surrogate. Unlike in the selection of an administrator, no class of persons is entitled to a priority in the selection of temporary administrator" (Matter of Walker, 22 Misc 3d 1127A [Sur Ct, Kings County 2009] [internal citations omitted]).

SCPA 902 (7) sets forth who may petition for temporary administration. In relevant part, the statute provides that the petition may be presented by any person interested in the estate of a decedent, any beneficiary or nominated executor under a will on file in the court, a public administrator, a county treasurer, or a creditor (SCPA 902[7]). "While the statute does not specifically provide for who may receive temporary letters of administration, the court has discretion both on who may become the temporary administrator and whether to appoint one. That discretion is very broad, extending even to a person disinterested in the estate" (Matter of Astor, 2007 N.Y.Misc. LEXIS 8143 [Sur Ct, Westchester County 2007][internal citations omitted]).

Here, the only issue, therefore, is whether the court should appoint Brittany or the Public Administrator as temporary administrator. It does not appear to be in the best interests of the estate or the estate beneficiaries for Brittany to be appointed temporary administrator. Based upon various court conferences and Brittany's failure to post a bond, the court has serious concerns about Brittany's ability to act as a fiduciary of the decedent's estate. It is alleged that Brittany has failed to collect rent due the estate and has continued to operate the funeral parlor owned by the decedent despite having no authority to do so.

In view of these issues and concerns, it appears that appointing Brittany as temporary administrator would not be in the best interests of the estate. Accordingly, the court exercises its discretion to appoint an independent temporary administrator pending the contest herein (see [*3]Matter of Beharrie, 84 AD3d 1227 [2d Dept 2011]; Matter of Scamardella, 169 Misc 2d 55 [Sur Ct, Richmond County 1996]). Letters of temporary administration shall issue to the Public Administrator upon his duly qualifying.

Settle order within sixty (60) days of the date of this decision.

This constitutes the decision of the court.

Dated: April 17, 2026

Mineola, New York

E N T E R:

HON. DAVID P. SULLIVAN

Judge of the Surrogate's Court