Surrogate Malave-GonzalezESTATE OF ARTHUR SHERRY, Deceased (18-589/A) — In this proceeding, the administrator, the decedent’s spouse, seeks to lift the restrictions contained in her limited letters of administration so that she may distribute the remaining settlement proceeds of causes of action settled by order of the Supreme Court, New York County [J. Mendez], which are being held in her attorney’s escrow account. The causes of action arose as a result of the decedent’s exposure to asbestos. The supreme court order, inter alia, directed the payment of attorney’s fees and disbursements.The decedent died intestate August 11, 2014. In addition to the spouse, the decedent’s distributees are a son and a daughter, both of whom consent to the relief requested. The New York State Department of Taxation and Finance also consents to the application. Under the circumstances presented including the lack of any unpaid debts or claims presented herein,, the court grants the request to allocate 90 percent of the net distributable proceeds to the conscious pain and suffering cause of actions, and the balance to wrongful death.The funds allocated to conscious pain and suffering are to be paid to the petitioner (see EPTL 4-1.1). The funds allocated to the wrongful death cause of action are to be paid to the spouse. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining causes of action.Decree signed.April 11, 2019
ESTATE OF BERTHA LEWIS, Deceased (2A-1999/A) — This is a proceeding by the Public Administrator to judicially settle her account and distribute the proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (Danziger, J.). The supreme court order, inter alia, directed payment of attorneys’ fees and disbursements as well as the funeral expenses.The decedent sustained personal injuries allegedly as a result of a trip and fall and died on May 22, 1998 of unrelated causes. As there are no known distributees, a guardian ad litem was appointed and does not oppose the relief requested.The sum of $15,081.97 is to be paid to CMS Medicare for its claim. The remaining net proceeds are to be paid to the City of New York Human Resources Administration in partial payment of its claim for Medicaid assistance furnished to the decedent.Decree signed.April 9, 2019
