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ESTATE OF MELODY RIVERA, Deceased

ESTATE OF MELODY RIVERA, Deceased (1135/A/10) — The administrator, the decedent's spouse, seeks, inter alia, to judicially account for the remaining settlement proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.) that are being held in his attorney's escrow account.

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ESTATE OF MELODY RIVERA, Deceased (1135/A/10) — The administrator, the decedent’s spouse, seeks, inter alia, to judicially account for the remaining settlement proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.) that are being held in his attorney’s escrow account.

The decedent died intestate on May 16, 2010 allegedly as a result of medical malpractice. In addition to the petitioner, the decedent’s remaining distributee is an infant son. The guardian ad litem for the infant recommends the allocation to wrongful death, the distribution of the proceeds in accordance with the formula enunciated the Matter of Kaiser (198 Misc 582 [1950]) and the purchase of proposed structured benefits for both the infant and the spouse with a portion of their distributive shares. The Human Resources Administration of the City of New York was served with process seeking to pay its claims for public assistance provided to the decedent from the petitioner’s share of the recovery and it does not oppose the relief requested. Under the circumstances presented, including the consent of New York State Department of Taxation and Finance and the lack of any unpaid estate debts or claims, the court allocates the net distributable proceeds to the wrongful death cause of action.

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