Surrogate Malave-GonzalezESTATE OF ANTHONY CARTY, Deceased (17-1865/A) — The administrator, the decedent’s spouse, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County (Mendez, J.), which are being held in her attorneys’ escrow account. The causes of action arose from the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payments of attorneys’ fees and disbursements.The decedent died intestate on March 26, 2014. His distributees are the petitioner and an infant daughter. Because of the de minimis recovery and that the sufficiency of the settlement proceeds, counsel fees and disbursements were determined by the Supreme Court, and that counsel has filed an affirmation of urgency concerning the distributees’ dire financial circumstances, the court has not appointed a guardian ad litem to represent the interests of the infant distributee in this proceeding; however, a guardian ad litem will be appointed for her in an appropriate future proceeding (see SCPA 2210 [12]). 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, for the purposes of this proceeding, the court grants the request to allocate 60 percent of the settlement proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.The funds allocated to personal injury are to be paid to the spouse (see EPTL 4-1.1 [a][1]). The funds allocated to wrongful death are to be paid pursuant to the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]), as follows: 59.94 percent to the spouse and 40.06 percent to the infant. The decree to be entered hereon shall provide for payment of the infant’s share to her parent or other competent adult person with whom the infant resides, for the infant’s use and benefit (see SCPA 2220 [1]).Submit decree.December 20, 2018
ESTATE OF ANTONIA TIRADO, also known as ANTONIA MARRERO TIRADO, Deceased (14-1991/A) — The administrator, one of the decedent’s daughters, seeks to lift the restrictions in her limited letters of administration so that she may receive and distribute the proceeds of causes of action which were settled after mediation.The decedent sustained injuries in a fall at her home on January 26, 2014 and died intestate on February 10, 2014. In addition to the petitioner, her distributees are another daughter and son. The two other children and the New York State Department of Taxation and Finance consent to the application. The request to allocate the entire settlement proceeds to the cause of action for personal injury is granted.Disbursements are allowed in the reduced sum of $1,949.51 reflecting the elimination of certain items normally considered office overhead. Counsel fees are allowed pursuant to the retainer agreement. The sum of $35,000 is to be paid to the New York City Department of Social Services/HRA in payment of its Medicaid claim. The sum of $28,533.26 is to be paid to MSPRC/Medicare for its Medicare claim. The net distributable proceeds are to be paid to the three children in equal shares.Decree signed.December 20, 2018
