Surrogate Malave-GonzalezESTATE OF ANA MARRERO, Deceased (16-664/A) — The administrator, a granddaughter of the decedent, seeks to compromise causes of action arising from the decedent’s death and distribute the remaining settlement proceeds.The decedent died intestate on January 10, 2015, allegedly as the result of medical malpractice. In addition to the petitioner, her distributees are a spouse, a daughter and ten other grandchildren. Consents were filed for the spouse, the daughter and seven grandchildren. Jurisdiction was obtained over the other three grandchildren and they defaulted. Citation issued to the New York City Department of Social Services and it defaulted; however, the citation did not state that the claim should be disallowed and the court declines to dismiss it. Under the circumstances presented, including the consent of 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 the entire settlement proceeds to the wrongful death cause of action.Disbursements are allowed in the reduced sum of $1,519.64, reflecting the denial of the request for $2,500 for services rendered by counsel in the underlying administration proceeding, as the trial attorney was retained after the decedent’s death to prosecute the causes of action herein, and the settlement proceeds are the only estate asset (see Matter of Sunkin, NYLJ, Feb. 2, 2005 at 29, col 2 [Sur Ct, Bronx County 2005]; Matter of Truong, NYLJ, Apr. 12, 2000 at 33, col 5 [Sur Ct, Bronx County 2000]). Counsel fees are allowed in accord with Judiciary Law 474-a. The sum of $1,684.61 is to be paid to New York City Department of Social Services/HRA (HRA) in payment of its Medicaid claim. The net distributable proceeds are to be paid to the spouse (see Matter of Kaiser, 98 Misc 2d 582 [Sur Ct, Kings County 1950]).Submit decree.November 16, 2018
ESTATE OF DIANE MARBLE, also known as, DIANE JOYCE CLARK-MARBLE Deceased (18-1246) — In this application by two of the decedent’s daughters for the issuance of letters of administration, jurisdiction was obtained over the decedent’s other two children and they defaulted.Accordingly, in the absence of any opposition, the application is granted and letters of administration shall issue to the petitioners upon filing a bond in the penal sum of $30,000.Submit decree.November 16, 2018
