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ESTATE OF ANGEL L. RAMIREZ, Deceased (11/1916/A) — The administrator, one of the decedent’s sons, seeks to judicially account for and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Dangizer, J.) which are being held in his attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.

The decedent died intestate on July 17, 2011, allegedly as the result of injuries sustained while a prison inmate. The decedent’s distributees are the petitioner who was over the age of 21 on the date of the decedent’s death and two other sons who are infants. The infants’ mother was appointed guardian of each infants’ property by the Surrogate’s Court, Kings County. After the guardian ad litem appointed for the infant sons objected to proposed deviation from the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]), with equal distribution of the proceeds to all three sons, a conference was held with a member of the court’s Law Department. Thereafter, the petitioner amended the petition to seek allocation of the settlement proceeds equally to the personal injury and wrongful death causes of action and distribution of the wrongful death proceeds pursuant to the formula enunciated in Matter of Kaiser (198 Misc at 582). The guardian ad litem now recommends approval of the amended application. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts or claims presented herein, the court approves the amended request to allocate the net distributable proceeds equally to the personal injury and wrongful death causes of action.

 
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