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ESTATE OF ELIZABETH ACEVEDO, Deceased

ESTATE OF ELIZABETH ACEVEDO, Deceased (377A/07/A) — The administrator, the decedent's daughter, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.) being held in her attorneys' escrow account. The supreme court order, inter alia, directed the reimbursement of the decedent's funeral expenses, payment of attorneys' fees, disbursement and also authorized the payment of certain claims asserted against the daughter by the New York City Human Resources Administration/DSS and a funding company.

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ESTATE OF ELIZABETH ACEVEDO, Deceased (377A/07/A) — The administrator, the decedent’s daughter, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.) being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the reimbursement of the decedent’s funeral expenses, payment of attorneys’ fees, disbursement and also authorized the payment of certain claims asserted against the daughter by the New York City Human Resources Administration/DSS and a funding company.

The decedent died intestate on April 7, 2007, allegedly as the result of medical malpractice. The decedent’s distributees are the petitioner, and a son, both of whom were under the age of 21 on the date of the decedent’s death. The son consents to the application, including the proposed deviation from the formula enunciated in Matter of Kaiser (198 Misc. 584 [Sur Ct, Kings County 1950) to provide for equal distribution. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, the lack of any unpaid debts or claims presented herein, and that the decedent never regained consciousness, the court grants the request to allocate the net distributable proceeds to the wrongful death cause of action.

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