Surrogate AndersonESTATE OF LYDIA LIONGSON-BRANCH, Deceased (13-3328/D) — At the call of the calendar, in this proceeding seeking an order directing the administrator of the estate of Lydia Liongson-Branch to turn over proceeds of certain bank accounts (SCPA 2105), the administrator informed the court that she wished to retain counsel. The court directed that the administrator retain such counsel and file responsive papers, if any, on or before March 8, 2019, and that the application was referred to the Law Department.This decision constitutes the order of the court.Dated: March 21, 2019
Surrogate MellaESTATE OF VIRTUDES VALETTE, Deceased (15-3533/A-C) — By order dated October 26, 2018, the Supreme Court, Bronx County, approved a $450,000 compromise as against only one of several defendants in the underlying action commenced by the administrator of the estate of Virtudes Valette (EPTL 5-4.6[a]). That action, which will continue against other defendants, seeks to recover for decedent’s conscious pain and suffering and wrongful death. The order also fixed and determined the fees and disbursements of the administrator’s attorney, placed the compromise funds in an interest-bearing escrow account, and authorized the payment of attorney’s fees and disbursements upon the filing of this petition to allocate, account for, and distribute the proceeds.Decedent’s administrator seeks commissions in the amount of $13,596,24, and decedent’s surviving spouse seeks reimbursement for the expense of decedent’s funeral. Additionally, counsel seeks to recoup as a disbursement the filing fee in this court and seeks a $20,000 reserve for future litigation expenses in the continuing underlying tort action.The petition seeks to allocate the proceeds 50 percent to the cause of action for wrongful death and 50 percent to the cause of action for decedent’s conscious pain and suffering. Decedent’s distributees, her surviving spouse and her six children, have provided waivers and consents to the proposed distribution of the proceeds, in which the surviving spouse agrees to accept certain specific amounts for his distributive share in intestacy and for his pecuniary losses of the amounts allocated to the wrongful death cause of action. The New York State Department of Taxation and Finance has also provided its waiver and consent. There is no opposition.The court approves the relief requested. The petition is granted, and the account is settled.The restrictions on the letters issued by this court are removed, and the administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required regarding the compromise as to the defendant (or its insurers) at issue here. The restrictions are only lifted for the amount of the compromise accounted for herein and will otherwise remain in place on the letters of administration.The net settlement proceeds shall be paid as set forth in the decree.Decree settling the administrators’ account signed.Dated: March 21, 2019
