Surrogate GiganteESTATE OF JOHN BIONDO, Deceased (17-1169/A) — The Limited Administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters of Administration issued by this Court on December 14, 2017, so as to enable her to compromise a claim on behalf of the decedent under the September 11th Victims Compensation Fund.Jurisdiction over all necessary parties, including the New York State Department of Taxation and Finance, has been obtained.Upon review of all the papers, the application to modify the limitations contained in the Limited Letters of Administration issued by this Court on December 14, 2017 and to compromise the 911-VCF claim in the amount of $250,000.00 is approved.Attorney fees, inclusive of disbursements, are fixed and allowed in accordance with the September 11th Victim Compensation Fund in the total amount of $25,000.00 to the Law Firm of Pitta & Baione, LLP.The net balance in the amount of $225,000.00 shall be distributed pursuant to and in accordance with the rules and determinations of the September 11th Victim Compensation Fund and in the manner as set forth in the petition.Incidental relief prayed for is granted.Submit decree.Dated: December 20, 2018
ESTATE OF STEVEN LAUER, Deceased (13-897/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 19, 2013, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent. Jurisdiction over all interested parties, including the New York State Department of Taxation and Finance, has been obtained.The Guardian ad Litem appointed on behalf of two infant distributees, has filed her report recommending the granting of the application. The fee of the Guardian ad Litem is fixed in the amount of $10,374.00, and shall be paid within thirty (30) days of the date of the compromise decree.Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.Upon review of all the papers submitted, and upon the recommendation of the Guardian ad Litem, the application to modify the limitations and to settle the wrongful death/conscious pain and suffering cause of action in the amount of $625,000.00, is approved. All proceeds shall be allocated to the cause of action for wrongful death. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $172,940.00 to The Behrins Law Firm PLLC.The net balance in the amount of $452,060.00 shall be paid as follows: $73,704.81 (upfront cash net share minus Guardian ad Litem fee) to Christine A. Lauer, surviving spouse; $158,821.22 to purchase an Annuity for Christine A. Lauer; $99,068.43 to purchase an Annuity for Paige L. Lauer (minor daughter); and $110,091.54 to purchase an Annuity for Steven G. Lauer (minor son). As indicated in the report of the Guardian ad Litem, payments by means of structured settlements to the two infants, will not occur until after they reach the age of 18 years. Accordingly, the final decree must contain the structure of the Annuity, a recitation of the language of Assignment and Assumption Agreement submitted by the Annuity company, and recite the existence of the Continuing Guarantee.Incidental relief prayed for is granted.Decree submitted upon consent to form and substance by the Guardian ad Litem signed.Dated: December 19, 2018
