In Mandalay Leasing L.P. v. Gibson (2003 NY Slip Op 50599[U] [Civ Ct, Queens County 2003]), the court vacated a stipulation of settlement and dismissed a nonpayment proceeding brought against the "next of Kin and/or distributee" of the deceased tenant-of-record pursuant to RPAPL 711 (2). The court specifically held that petitioner could not resort to naming a distributee because it had failed to demonstrate that no executor or administrator was appointed and that there was no surviving spouse or issue.