Surrogate Titone
ESTATE OF AISSATOU DIALLO, Deceased (16-1228/B) — 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 May 25, 2017, to enable her to compromise a wrongful death/personal injury cause of action on behalf of the decedent. Jurisdiction over all necessary parties, including the New York State Department of Taxation and Finance, has been obtained. The Guardian ad Litem, appointed on behalf of infant distributees, has filed his report recommending the granting of the application. The fee of the Guardian ad Litem is fixed in the amount of $3,900.00 and shall be paid within thirty (30) days of the date of the compromise decree. Said fee shall be paid out of petitioner’s share of the net proceeds. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury cause of action in the amount of $50,000.00 is approved. The entire proceeds are allocated to the cause of action for wrongful death. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $17,576.16 payable to Hecht, Kleeger & Damashek, PC. Partial reimbursement of $2,000.00 for funeral fees shall be collected from the no-fault death benefit and paid to Amadou Diallo. Additionally, payment to Kasoff, Robert & Lerner, LLP in the amount of $1,996.00 is approved in satisfaction of their claim. The distribution of the net proceeds in the amount of $30,427.84 shall be distributed pursuant to In Re: Kaiser Estate, 198 Misc 582, 100 NY2d 218, as follows: $12,492.30 ($16,392.30 minus $3,900.00, Guardian ad Litem Fee) to Amadou Diallo; $1,610.06 to Alpha Diallo; $2,345.09 to Abdoulaye Diallo; $4,112.66 to Aminata Diallo; and $5,967.73 to Safiatou Diallo. Upon the recommendation of the Guardian ad Litem and in the discretion of this Court, pursuant to EPTL 11-1.1(19), the payment of the infants’ shares is to be made payable to petitioner as the natural parent on behalf of the infants. The petitioner is directed to establish proper custodial accounts on behalf of said infants at a banking institution chosen by the petitioner. Limitations shall remain in the Letters of Administration as to any and all other causes of actions and/or defendants until further Order of this Court. Submit decree upon notice of settlement to the Guardian ad Litem. The final decree must contain decretal provisions providing for the following: 1. The immediate notification in writing by the attorney for the fiduciary to the Guardian ad Litem of the date and details of the payment or delivery of the infants’ share of the net recovery. Copies of the issued checks made payable to the petitioner “on behalf of the named infant” shall be provided to the Guardian ad Litem; 2. Proof of proper deposit by the petitioner of the infants’ share of the net recovery into custodial accounts; and 3. The filing of a supplemental report by the Guardian ad Litem within sixty (60) days from the final decree indicating whether or not the decree has been complied with, insofar as it affects the Wards. This matter shall be on the court’s calendar of January 22, 2020 at 9:30 a.m. for the status of the submission of the decree. Dated: November 22, 2019
