ESTATE OF AMPARO SPAIN, Deceased (16/1817/A) — The administrator, the decedent’s spouse, seeks to remove the restrictions contained on his limited letters of administration so that he may receive and distribute the settlement proceeds of causes of action being held in his attorneys’ escrow account pursuant to an interim decree of this court (see Matter of Spain, NYLJ, Mar. 8, 2017 at 22, col 5 [Sur Ct, Bronx County 2017]).The decedent sustained injuries on June 30, 2009, allegedly as the result of negligence, and died intestate on January 9, 2011. His distributees are the petitioner and citation was served upon three daughters and they defaulted. The New York State Department of Taxation and Finance consents to the application. Inasmuch as seven months have now expired since the issuance of letters of administration, the court grants the request to allocate the entire settlement proceeds to the personal injury cause of action and authorizes distribution.Counsel fees and disbursements are allowed in the sum requested. The sum of $1,427 is to be paid to Mayra Diaz in reimbursement of the decedent’s funeral expenses. The sum of $5,000 is to be paid to the New York City Human Resources Administration in satisfaction of its claim for Medicaid assistance furnished to the decedent. The sum of $6,000 is to be paid to Plaintiff Funding Holding, Inc. (LawCash) in payment of its advances to the decedent. The following sums are to be paid to the decedent’s medical creditors: (1) $2,000 to Laxmidhar Diwan, M.D.; (2) $1,750 to Capital Chiropractic; (3) $1,750 to CMS Physical Therapy, P.C.; (4) $159.75 to Dynasty Medical Care, P.C.; (5) $2,500 to Queens Surgi-Center; (6) $2,000 to Lenox Hill Radiology & Medical Imaging Associates P.C.; (7) $290 to Sophora Diagnostic Laboratory, Inc.; (8) $229 to Xeron Clinical Laboratories; (9) $204.19 to Queens Medical Diagnostics; and, (10) $270.10 to Forest Hills Medical P.C. The net distributable proceeds are to be paid to the spouse (see EPTL 4-1.1 [a] [1]).Submit decree.February 2, 2018MATTER OF THE GUARDIANSHIP OF CHRISTOPHER M. L. Pursuant to SCPA Article 17-A (96/B/5 G) — Due to certain irregularities in the accounts filed by the ward’s parents, who were appointed SCPA article 17-a guardians of his person and property and trustees of a supplemental needs trust (SNT) for his benefit by decrees entered on August 25, 2011 and March 7, 2012 respectively, this court designated a guardian ad litem to examine the prior 2012 guardianship account and the annual SNT accounts for 2013, 2014 and 2015 (see SCPA 1721; Matter of Christopher M. L., NYLJ, Jun. 13, 2016 at 19, col 5 [Sur Ct, Bronx County 2016]). Copies of all of those accounts were served upon the Westchester County of Social Services and the bond surety, without objection.The first designated guardian ad litem reviewed the documents but declined to serve because it appeared that there were large unreconcilable discrepancies in the accountings. Thereafter, the court appointed a different guardian ad litem who reports that the parents retained a certified public accountant to remedy the 2012-2015 accountings and file the 2016 accounting. After consulting with the accountant and reviewing his submissions including the supplemental schedules filed for the 2014 and 2015 accounts, the guardian ad litem finds that the prior accounts are now correct and, although the 2016 account, which reports principal assets totaling $586,599.46, continuing monthly annuity receipts totaling $96,963.58, $60,55.81 paid out for the ward’s benefit and assets on hand totaling $625,688.52, overstates principal by $321.92 as a result of the prior accounting errors and misreports $1,549.81 in paid expenses, he concludes that it is otherwise accurate, and the overstatement of expenses will be corrected in the 2017 account. Accordingly, the guardian ad litem recommends that the court allow the accounts and fix legal and accountants’ fees, disbursements, costs and commissions, should any be sought. The CPA also issued an opinion letter stating that the financial needs of the ward are being met by the SNT and there are no monies owed to the ward that are either unaccounted for or deficient in any way.In support of their respective fee requests, the guardian ad litem filed an affirmation of services detailing that 21 hours were spent reviewing the original accounts from 2012-2015, meetings with the trustees and the accountant to obtain explanations of the accounting omissions and irregularities, working with them on corrections, reviewing the 2016 account and preparing a report. He notes that his standard hourly fee is $325 and requests that the court approve a fee of $6,825. The accountant’s affidavit of services states that 24.5 hours were expended in reviewing the prior financial reports, reconciling statements and schedules, identifying all discrepancies and revising the accounts, preparing the 2016 accounting and meetings with the guardian ad litem to reconcile all of those accounts. The accountant’s normal hourly rate for performing such services is $225, and he requests that the court approve his fee in the sum of $5,512.50.The court bears the ultimate responsibility for approving legal fees that are charged to an estate and has the discretion to determine what constitutes reasonable compensation (see Matter of Stortecky v. Mazzone, 85 NY2d 518 [1995]); Matter of Stellis, 216 AD2d 473 [2d Dept 1995]; Matter of Vitiole, 215 AD2d 765 [2nd Dept 1995]; Matter of Verplanck, 151 AD2d 767 [2d Dept 1989]). There is no hard-and-fast rule to determine what is reasonable compensation in a particular case, and the court is not bound by counsel’s summary of the hours expended (see Matter of Vitole, 215 AD2d at 765). In determinating reasonable compensation, the court may consider a number of factors, including the time spent, the difficulties involved in the matters in which the services were rendered, the nature of the services and the amount of the fee sought, the professional standing of the counsel, the size of the estate, and the benefit to the estate from the services provided (see Matter of Freeman, 34 NY2d 1 [1974]; Matter of Potts, 213 App Div 59 [4th Dept 1925], affd 241 NY 593 [1925], Matter of Coughlin, 221 AD2d 676 [3rd Dept 1995]).On this state of the record, it appears that the services performed by the guardian ad litem and the accountant involved lengthy review and correction of accounts for four prior years and preparation and review of the 2016 account, resulting in determinations that the ward’s assets are intact and expenditures were proper, all of which benefit the ward. Accordingly, this decision constitutes the order of the court fixing and allowing the fee of the guardian ad litem in the sum of $4,875 and the fee of the accountant in the sum of $5,512.50, to be paid by the trustees from the SNT funds on deposit, and judicially settling the account for 2012 filed by the property guardians and the accounts filed by the SNT trustees for the years 2013-2015, as revised. The overstatement of expenses in the 2016 account is to be corrected in the 2017 account.The Chief Clerk is to mail a copy of this decision and order to the SNT trustees, the guardian ad litem, the accountant, ward, Westchester County Social Services and the bonding company.Proceed accordingly.February 2, 2018ESTATE OF DORINDA GIANCOLA, Deceased (14/629/A) — The administrator, the decedent’s daughter, seeks to lift the restrictions on her limited letters of administration so that she may distribute the remaining proceeds of causes of action settled as part of a global settlement reached during multi-district litigation filed in the United States District Court, Eastern District of Pennsylvania. The causes of action arose from the decedent’s alleged adverse reaction to medication manufactured by the defendant pharmaceutical company resulting in her death. Further, as part of the global settlement terms, each settlement is charged a federal multi-district litigation assessment, or what is referred to as the “MDL Holdback”, which has been deducted from counsel fees and the gross recovery. In addition, the Medicaid and Medicare liens have been paid as directed.The decedent died intestate on May 27, 2005. The decedent’s distributees, two daughters, and the New York State Department of Taxation and Finance consent the application. The court grants the request to allocate the entire proceeds to the personal injury cause of action.Counsel fees and disbursements are allowed in the sums requested, reflecting reduction of the counsel’s share of the MDL Holdback. The net distributable proceeds are to be paid to the decedent’s distributees in equal shares (see EPTL 4-1.1 [3]).The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.Decree signed.February 1, 2018ESTATE OF EDWIN ADALBERTO MOLINA, Deceased (15/696/B) — The pro se petitioner, Michael Molina, a son of the decedent and a distributee, requests that the court sign an order to show cause seeking an order, inter alia, staying the sale of property located at 870 East 180th Street, Bronx, New York and revoking the letters of administration that issued to his brother, Edwin, on the basis that the administrator has not obtained his permission to sell the realty. In reviewing the inventory of assets and underlying administration petition, it appears that the realty was held in corporate form and the shares were wholly owned by the decedent. As a result, consent of the distributees is not required to dispose the realty. Furthermore, the letters of administration issued to the fiduciary filing a bond in the penal sum of $1,336,000 which constitutes sufficient security for the fiduciary’s handling of the estate assets.Accordingly, this decision constitutes the order of the court declining to sign the order to show cause. This denial is without prejudice to petitioner’s right to bring an appropriate proceeding in a court of competent jurisdiction.Proceed accordingly.February 2, 2018ESTATE OF ELIZA RODRIGUEZ, Deceased (15/962/A) — The administrator, the decedent’s son, seeks to remove the restrictions contained on his limited letters of administration so that he may judicially account and distribute the settlement proceeds of a personal injury cause of action.The decedent sustained injuries on February 6, 2011, allegedly as the result of a malfunctioning elevator, and died intestate on January 23, 2015, of unrelated causes. Her distributees are the petitioner and a daughter who consents to the application. The New York State Department of Taxation and Finance also consents to the relief requested.Counsel fees and disbursements are allowed in the sums requested. The sum of $2,217 is to be paid to John Parodi in reimbursement of the decedent’s funeral expenses. The net distributable proceeds are to be paid to the decedent’s children in equal shares.Decree signed.February 1, 2018ESTATE OF HARRY BROWN, Deceased (08/2223/E) — The contested motion seeking additional attorney’s fees after April 6, 2015 to present is denied without prejudice to renewal in an SCPA 2110 proceeding.This decision constitutes the order of the court.Proceed accordingly.February 1, 2018IN THE MATTER OF THE GUARDIANSHIP OF JESUS O., JR., also known as JESUS J. O., Pursuant to SCPA Article 17-A (06/B/273G) — This is an application by the respondent’s mother, Anna O., the co-guardian of his person, seeking to amend the decree of this court dated July 18, 2007 which, inter alia, appointed his parents as co-guardians, and appointed two family friends, Margarita V. and Milton V., as standby guardian and first alternate standby guardian, respectively. The petitioner now requests, based upon the renunciation, waiver and consents of the previously appointed successor guardians, that the respondent’s sister, Christina O., be appointed standby guardian.As it appears to be in the best interest of the respondent, and the sister is qualified to serve as guardian, the application is granted and the decree is amended to reflect the removal of the previously nominated standby and first alternate standby guardians and that the respondent’s sister, Christina O., is appointed successor standby guardian of the respondent’s person.Order amending decree signed.January 31, 2018ESTATE OF MEYER GREENBERG, Deceased (11/1128/A) — In this probate proceeding commenced by the decedent’s social worker, the successor preliminary executor under the propounded instrument dated June 18, 2008, objections with jury demand were filed by one of the decedent’s nieces who is a distributee. A conference shall be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA 1411. Proof of service as directed herein shall be filed at least two days before the return date of the citation.The proponent shall cause the issuance of a citation (on the form provided by the court) and serve copies of the citation upon the following beneficiaries named in the propounded instrument: Sylvia Golder, Sherrie Williams, Fisher House Foundation, Inc., Intrepid Fallen Heroes Fund, United Jewish Appeal-Federation of Jewish Philanthropies of New York, Inc., The Friends of Thirteen Inc., Philharmonic Symphony Society of New York, Inc., Doctors Without Borders USA, Inc., Metropolitan Opera Association Inc., Women for Women International, Accion International and Jewish Home Lifecare. Such service shall be made both by first class mail with U. S. Postal Service Certificate of Mailing and by Certified Mail, Return Receipt requested. Service shall be made within the time provided by SCPA 308 and shall be deemed complete provided that the service by ordinary mail is not returned as undeliverable.The proponent shall also mail a copy of this decision, which constitutes the order of the court, and a copy of the citation to counsel for the objectant and the Attorney General of the State of New York, Charities Bureau. Respective counsel as well as any party who desires to be present shall appear at the conference to be held on the return date of the citation prepared to discuss the underlying issues and a schedule for disclosure.The Chief Clerk shall mail a copy of this decision and order and the form of the citation to counsel for the proponent.Proceed accordingly.February 1, 2018ESTATE OF NETTIE HENDRICKS, Deceased (10/1076/A) — The administrator, the decedent’s daughter, seeks to lift the restrictions in her limited letters of administration so that so that she may distribute the remaining proceeds of causes of action arising from the decedent’s death settled in the Supreme Court, Bronx County (McKeon, J.) which are being held in her attorneys’ escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements, a Medicare lien and a claim by First Recovery Group.The decedent died intestate on April 7, 2010, allegedly as the result of medical malpractice. In addition to the petitioner, the decedent’s distributees are five other children, one whom is post-deceased and two of whom are under a disability. The guardian ad litem (GAL) appointed for the two children under a disability recommends approval of the application. Under the circumstances presented, including the consents of the other distributees and the New York State Department of Taxation and Finance, and the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate 90 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The additional sum of $925 is to be paid to counsel for the petitioner in reimbursement of the filing fee herein. The sums of $13,644, $2,824 and $2,824 are to be paid to Marie Hendricks, Michael Hendricks and Garfield Hendricks, respectively, in reimbursement of the decedent’s funeral expenses. The sums of $2,528.89. $2,528.90 and $2,528.90 are to be paid to Marie Hendricks, Sharmain Hendricks and Sherrill Hendricks, respectively, in reimbursement of medical expenses paid on the decedent’s behalf.The funds allocated to personal injury are to be distributed to the decedent’s distributees pursuant to EPTL 4-1.1. The funds allocated to wrongful death are to be paid to the children under a disability in the manner requested. Any payments to the children under a disability are to be paid to the respective duly appointed guardian of their property jointly with the guardian clerk of the court subject to further order of the court. The decree to be settled herein shall direct that the share to be paid to Norman Hendricks, the decedent’s post-deceased son, shall be paid to the duly appointed fiduciary of his estate. In the event no such fiduciary is appointed within 120 days of the date of decree, his share is to be deposited with Commissioner of Finance of the City of New York pending further order of the court for its withdrawal.Settle decree.February 2, 2018ESTATE OF NILSA I. MALDONADO, Deceased (10/2163/A) — In this application by the administrator, the decedent’s mother, to lift the restrictions contained in her limited letters of administration so that she may distribute the net proceeds of a settled cause of action, the New York State Department of Taxation and Finance filed objections to the application. Accordingly, this matter shall appear on the ready for trial calendar upon compliance with the Uniform Rules for the Surrogate’s Court (22 NYCRR) §§207.29 and 207.30.Proceed accordingly.February 1, 2018ESTATE OF ROSA VASQUEZ, Deceased (14/71/A) — The administrator, a son of the decedent, seeks to lift the restrictions on his limited letters of administration to receive and distribute the settlement proceeds of personal injury causes of action settled in the Supreme Court, New York County pursuant to a “so-ordered” stipulation (Chan, J.), and to judicially account therefor. The “so-ordered” stipulation also, inter alia, settled and capped the potential claim of the New York City Human Resources Administration.The decedent suffered personal injuries on June 12, 2006 and died intestate on August 28, 2013, of unrelated causes. In addition to the petitioner her distributees are a spouse and two other sons. Jurisdiction was obtained over all of the other distributees, as well as another attorney and law firm who are sharing attorney’s fees pursuant to a separate agreement with counsel, and they defaulted. Jurisdiction was also obtained over the New York City Human Resources Administration without any appearance in opposition. Jurisdiction was also obtained over Casecash GP LLC seeking to disallow its claim for failure to file a claim, and it defaulted. The New York State Department of Taxation & Finance does not oppose the application.Attorneys’ fees and disbursements are allowed, to be paid pursuant to the separate agreement of counsel, as requested. The sum of $1,712 is to be paid to the spouse in reimbursement of the decedent’s funeral expenses. Pursuant to the cap set by the so-ordered stipulation, the sum of $8,500 is to be paid to the New York City Human Resources Administration in reimbursement of its claims for Medicaid and Public Assistance. Commissions are allowed in the statutory amount.The net distributable proceeds are to be paid to the spouse (see EPTL 4-1 [a] [1]).Submit decree.February 2, 2018ESTATE OF TONY ANDREW FORTUNE, ALSO KNOWN AS ANTHONY LUCAS, Deceased (12/2652/A) — The administrator, the decedent’s spouse, seeks to judicially account for and distribute the remaining settlement proceeds being held in her attorneys’ escrow account pursuant to two interim decrees respectively dated February 6, 2017 and April 13, 2017 (see Matter of Fortune, NYLJ, Mar. 9, 2017 at 23, col 5 [Sur Ct, Bronx County 2017]). The interim decrees, inter alia, allocated the entire settlement proceeds to the wrongful death cause of action and directed the payment of counsel fees, disbursements and funeral expenses. A withdrawal order directed the payment of fees and costs for proceedings then pending in the Surrogate’s Court, Dutchess County filed by the guardian ad litem appointed for the two sons herein to establish pooled supplemental needs trusts (SNTs) for their benefit. Thereafter, the Surrogate’s Court, Dutchess County authorized the establishment of pooled SNTs for each son.The remaining proceeds are to be paid to the decedent’s three infant children pursuant to Matter of Kaiser, 198 Misc 582 (Sur Ct, Kings County 1950), as follows: 42.55 percent to the daughter; 19.15 percent to the older son and 38.30 percent to the younger son. The share of the infant daughter is to be paid to the duly appointed guardian of her property jointly with the Guardian Clerk of this court, subject to the further order of the court. After an offset for certain payments directed by the Surrogate’s Court, Dutchess County, the shares of the two infant sons are to be paid to the trustee of their respective pooled SNTs.Decree signed.January 31, 2018ESTATE OF VICTOR M. MOJICA, ALSO KNOWN AS VICTOR MOJICA, Deceased (14/837/A) — The administrator, the decedent’s spouse, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the settlement proceeds of a personal injury cause of action.The decedent sustained injuries as a result of an alleged trip and fall and died intestate on November 9, 2013, of unrelated causes. Jurisdiction was obtained over the decedent’s other distributees, two daughters, and they defaulted. The New York State Department of Taxation and Finance does not oppose the application.Disbursements and counsel fees are allowed in the sum requested. The sum of $9,000 is to be paid to New York City Department of Social Services/HRA in payment of its claim for medicaid benefits provided to the decedent. The sum of $23,978.16 is to be paid to Centers for Medicare and Medicaid Services/CMS in payment of its Medicare claim. The net distributable proceeds are to be paid to the decedent’s spouse pursuant to EPTL 4-1.1 (a) (1).Submit decree.February 2, 2018ESTATE OF VIOLA RUTH KOCH, Deceased (14/767/B) — In this accounting proceeding by the Public Administrator, two alleged maternal cousins move, pursuant to CPLR 2307, for the issuance of a “so ordered” subpoena directing production of a certain document by the Department of Health and Mental Hygiene of the City of New York (DOH). Only the Public Administrator appeared and stated she did not oppose the application.Accordingly, and in the absence of any opposition, the application is granted. The subpoena has been “so-ordered.”Proceed accordingly.January 31, 2018ESTATE OF ZOILO CLOTTER, Deceased (14/1047/A) — In this accounting proceeding, the decision and decree dated September 6, 2017 and November 20, 2017, respectively, are hereby amended to the extent that the distributive share of Nancy Clotter shall be paid to the guardian of her person and property, Edita Miguel, pursuant to the letters of guardian advocate of the person and property awarded by the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, dated May 28, 2013.This decision constitutes the order of the court amending the decision and decree dated September 6, 2017 and November 20, 2017, respectively.Proceed accordingly.January 31, 2018
