Court citation for estate settlement of Michael G. Shaw, deceased.

ERIE COUNTY

ESTATE SETTLEMENT



File #2023-3154/A

CITATION




THE PEOPLE OF THE STATE OF NEW YORK

BY THE GRACE OF GOD, FREE AND INDEPENDENT,

TO: Theodore Philip Shaw, Flynn Otis Freeman, Rose Therese Hoekstra, NYS Dept. of Taxation and Finance, Jennifer G. Flannery - Erie County Public Administrator and to any and all persons who are or who claim to be heirs at law, next of kin, distributees of the decedent named below, if any such there be, all of whom and all of whose names, ages, places of residence and post office addresses are unknown to the Petitioner and cannot, after due diligence used, be ascertained, and Hon. Letitia James - Attorney General for the State of New York

being persons interested as creditors, legatees, devisees, beneficiaries, distributees or otherwise of the estate of Michael G. Shaw, deceased, who at the time of death resided at 257 Tremont Avenue, Kenmore, NY 14217




A petition having been duly filed by Molly Taylor, who is domiciled at 257 Tremont Avenue, Kenmore, NY 14217




YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Erie County, at 92 Franklin Street, Buffalo New York on April 28, 2026 at 9:30 a.m.




WHY the account of the proceedings of Molly Taylor as Administratrix of the estate of Michael G. Shaw, deceased, a copy of which is attached, should not be judicially settled, and




WHY the administratrix should not be empowered to compromise and settle a certain claim for the sum of $900,000.00 for wrongful death against Princ Blakaj and Midwest Star Group, Inc. and to discontinue any claim for conscious pain and suffering, and




WHY the provisions in the limited Letters of Administration issued to the petitioner on Sept. 27, 2023 restraining the compromise or collecting upon the aforesaid claim and cause of action, should not be modified to permit said compromise, and




WHY the filing of a bond should not be dispensed with, and




WHY the defendant, Princ Blakaj and Midwest Star Group, Inc. or defendant's insurance company should not pay to Connors LLP, Esqs., out of the proceeds of the settlement claim for wrongful death, the sum of $ 299,591.45, as and for attorneys' fees, together with disbursements in the sum of $ 1,225.65, and




WHY the entire recovery of $900,000.00 should not be allocated to the cause of action for decedent's wrongful death, and




WHY the balance of the settlement, to wit the sum of $ 599,182.90 should not be distributed to those distributees having sustained a pecuniary loss as follows: 40.24% of the balance to Molly Taylor, widow/widower of decedent;; 19.92% of the balance to Theodore Philip Shaw, child of decedent; 19.92% of the balance to Flynn Otis Freeman, child of decedent; and 19.92% of the balance to Rose Therese Hoekstra, child of decedent, and




WHY upon payments as hereinbefore mentioned the said administratrix should not be permitted to execute and deliver general releases and all other necessary papers to the defendant, Princ Blakaj and Midwest Star Group, Inc. or defendant's insurance company, releasing them from all claims against them arising out of the aforesaid action for wrongful death, together with any other papers necessary to effectuate the said compromise.




And to schedule a kinship hearing to determine the distributees of the decedent. 




DATED, ATTESTED AND SEALED

March 6, 2026

(LS)

ATTORNEY

HON. Acea M. Mosey

Surrogate Judge

Linda M Wredrick

Linda M. Wiedrick

Chief Clerk

Name of Attorney:

Alexander D. Vilardo, Colligan Law LLP; Andrew Debbins, Connors LLP

Address of Attorney: Colligan Law, 12 Fountain Plaza, Suite 600, Buffalo, NY 14202

Telephone Number of Attorney: 716.885.1150

NOTE This citation is served upon you as required by law. You are not obliged to appear in person. You have a right to have an attorney appear for you. If you fail to appear it will be assumed that you do not object to the relief requested.