Surrogate AndersonESTATE OF KAI MING WONG, Deceased (12-3138/A/B/C) — The administrator’s petition for leave to compromise causes of action arising out of decedent’s death is granted. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement proceeds and to execute the necessary receipts and releases.The settlement proceeds are allocated 100 percent to the cause of action for wrongful death.The fees and disbursements of petitioner’s attorney are fixed and determined as set forth in the decree. The administrator is authorized to pay $1,049.13 to Medicare in full satisfaction of its lien.The net settlement proceeds shall be distributed to decedent’s son in accordance with the decree.The account is settled, and the decree is signed.Dated: April 15, 2019
Surrogate MellaESTATE OF WILLIAM SCHNEIDER, Deceased (92-638/A/B/C) — The court grants this petition to allocate, account for and distribute certain net proceeds of an action brought on behalf of decedent William Schneider for conscious pain and suffering and wrongful death due to asbestos exposure. Petitioner is one of decedent’s four adult children, who, along with decedent’s post-deceased spouse, are his distributees.The Supreme Court, New York County, in an order dated July 17, 2017, approved compromises against two defendants and fixed the attorneys fees and disbursements of administrator’s counsel. The administrator does not seek commissions, and there were no other claims.The New York State Department of Taxation and Finance provided its waiver and consent. Decedent’s three other children, all adults, have provided waivers and consents.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.As requested by petitioner, ninety percent of the settlement proceeds are allocated to the cause of action for conscious pain and suffering and shall be paid to the fiduciary of the estate of decedent’s spouse and his four children as set forth in the decree (EPTL 4-1.1 [a][1]). The remaining ten percent is allocated to the cause of action for wrongful death, as requested, and is to be paid to the fiduciary of the estate of decedent’s spouse (EPTL 5-4.4).Decree settling the administrator’s account signed.Dated: April 12, 2019.
