ESTATE OF BENJAMIN FELDMAN, Deceased (16/979/A/B/C) — The uncontested application by the administrator of the estate of Benjamin Feldman to allocate and distribute the net settlement proceeds derived from causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The restrictions in the letters of administration issued to petitioner, Jeanette Feldman, on March 16, 2016, are hereby removed. The administrator is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement.Statutory commissions (SCPA 2307) and reimbursement for decedent’s funeral expenses have been waived.The record reflects that the causes of action were settled before trial against The Mount Sinai Hospital and a treating doctor for $775,000 with the claims and causes of action against the remaining defendants having been discontinued with prejudice pursuant to a Stipulation of Discontinuance dated June 21, 2017.An Order of the Supreme Court, New York County (EPTL 5-4.6), dated August 23, 2017, approved the settlement amount, authorized the payment of $15,000 to NYC-HRA in full satisfaction of its Medicaid lien, $1,086.67 to CMS in full satisfaction of its Medicare lien, awarded attorneys’ fees and disbursements to petitioner’s counsel in the sum of $196,284.79, and directed that the balance be held in an interest-bearing escrow account, pending further Decree of this court. Under the circumstances presented, the proposed allocation of the net settlement proceeds to the cause of action for decedent’s wrongful death is approved.The net proceeds shall be distributed equally to decedent’s adult distributees (EPTL 4-1.1; 5-4.4) each of whom executed waivers and consents.Decree settling the Administrator’s account signed.Dated: December 28, 2017ESTATE OF DAVID WEINSTOCK, Deceased (07/1451/D) — At the call of the September 19, 2017 calendar, the court considered two motions in the proceeding commenced by Lisette Tarragano, a surviving co-trustee of the residuary trust under the will of David Weinstock, to compel Virginia Weinstock, executor, to deliver to the surviving co-trustees of the residuary trust 100 percent of the shares of stock in 159 Holding Corp., and for related relief (see SCPA 2102 [4]). The first motion, by Virginia Weinstock as executor, was for leave to renew petitioner’s motion for partial summary determination and, upon renewal, denial of petitioner’s motion and a determination — once the court has obtained jurisdiction over Virginia Weinstock, individually — of the ownership of the shares of 159 Holding Corp.1 (see CPLR 2221 [e]). Virginia Weinstock as executor argues that newly discovered evidence (specifically, a certificate of stock issued on September 9, 2000) establishes that she, individually, is the owner of such stock. In the second motion, Virginia Weinstock, individually, sought leave to intervene and, upon being permitted to intervene, leave to amend her answer.On the record, on September 19, 2017, the court granted Virginia Weinstock’s motion to intervene. The court also partially granted the motion of Virginia Weinstock as executor, permitting her leave to renew. The court noted that the record would have to be supplemented before the court could rule on the balance of the motion, that is, determine whether the court would adhere to its July 27, 2017 decision. Virginia Weinstock, both individually and as executor, agreed that, pending determination of balance of motion to renew, she would not dispose of the shares of stock of 159 Holding Corp. At a conference following the September 19, 2017 calendar, the parties agreed to complete discovery by January 31, 2018.This decision, together with a transcript of the September 19, 2017 proceedings, constitutes the order of the court.Dated: December 29, 2017
