Cases Released on: June 28, 2019
Surrogate Malave-GonzalezESTATE OF ALLISON DILDY, Deceased (11-386/A) — The administrator, the decedent’s son, seeks leave to compromise causes of action arising from events leading to the decedent’s death settled in the Supreme Court, Bronx County (Lubell, J.), and to distribute the settlement proceeds which are being held in his attorney’s escrow account. The supreme court order, inter alia, directed the payment of attorney’s fees, disbursements and funeral expenses. In addition, the petitioner requests authority to distribute the sale proceeds of the decedent’s cooperative apartment to be sold up to a certain sum.The decedent died intestate on August 31, 2010 allegedly as a result of medical malpractice. The decedent was survived by three children and an alleged daughter, who was served with citation to disallow her from sharing in the recovery on the ground that she is a non-distributee. Thereafter, all four children stipulated to recognize her as a distributee and to equal distribution. Under the circumstances presented, including the consents of all the other distributees and the New York State Department of Taxation and Finance, the request to allocate the entire settlement proceeds solely to the wrongful death cause of action is granted.Legal fees and disbursements in the sum requested are allowed in accordance with Judiciary Law section 474-a. It appears that additional disbursements in the sum of $8,737.28 were paid to the New York City Department of Social Services/HRA in satisfaction of its Medicaid claim by the defendant carrier and is allowed. The court does not entertain the balance of the relief requested in so far as it is premature at this juncture and may be commenced upon the filing of a proper application.Decree signed.June 18, 2019
