ESTATE OF MARIA DIAZ, Deceased (06/3709/A/B/C) — Settlements of causes of action for decedent’s pain and suffering and wrongful death were approved, and the attorney’s compensation and disbursements fixed, by an order of the Supreme Court, New York County, dated August 9, 2016, as amended on September 21, 2016. The administrator has now petitioned this court for leave to allocate and distribute the proceeds of these settlements.The restrictions on the letters of administration are removed, and the administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required. The petitioner’s request to allocate the entire settlement to the cause of action for wrongful death is granted.The administrator has waived commissions and there is no claim for reimbursement of funeral expenses.Pursuant to the Supreme Court order, defendant Bronx Lebanon Hospital was ordered to pay directly to the New York State Department of Health and Human Services Centers for Medicare and Medicaid Services, the negotiated sum of $57,247.42, in satisfaction of its claim for Medicare services. The petitioner had further requested permission to disallow a claim by the New York City Department of Social Services (“NYC DSS”) for $109,908.00 for Medicaid services. The Supreme Court ordered petitioner’s attorneys to place $109,908.00 in escrow pending a direction from the Surrogate’s Court as to the NYC DSS claim. The NYC DSS was duly served with a citation, which specified that petitioner sought to disallow this claim, and NYC DSS failed to file papers in opposition or appear on the return date of the citation of November 14, 2017. Therefore, the petitioner’s request to disallow the claim is granted.The net proceeds currently held in escrow shall be paid in equal shares to decedent’s eight adult children, Maria E. Santiago, Brenda M. Diaz, Pedro A. Diaz, Jose A. Diaz, Danneris G. Merino, Mayra W. Diaz, Iris V. Diaz, and Aixa M. Diaz, pursuant to EPTL 5-4.4 and 4-1.1(a)(3).Decree signed.Dated: March 5, 2018ESTATE OF IRVING SHARUGRUDSKY, Deceased (16/1208/E) — This proceeding commenced by Debra Sharu to compel the fiduciary of the estate of Irving Sharugrudsky to account has been discontinued in accordance with a stipulation filed on February 27, 2018 (see CPLR 3217[a][2]).Proceed accordingly.Dated: March 5, 2018ESTATE OF FRANK J. GLINSKY, Deceased (15/80/A) — At the call of the calendar on March 2, 2018, the court noted the parties’ written stipulation discontinuing this proceeding, which was filed with the court on March 1, 2018 (CPLR 3217[a][2]).Proceed accordingly.Dated: March 5, 2018Surrogate AndersonESTATE OF CHEYENNE SABRE’Y BAEZ, Deceased (10/4496/BCD) — The proposed compromise of causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The proceeds are allocated 100 percent to the cause of action for wrongful death.The compensation and disbursements of the attorney for the administrator are fixed and determined. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement proceeds and execute the necessary receipts and releases.In her petition, the administrator requested that the decedent’s father be deemed to have abandoned decedent. The father appeared and filed objections to that relief. After conferences with the court, the dispute was settled pursuant to a stipulation on file with the court. Pursuant to the stipulation, the objections have been withdrawn, and the net proceeds shall be paid in equal shares to decedent’s mother, Lisa Baez, and father, Brian Wilson.The account is settled, and the decree is signed.Dated: March 6, 2018
