DECISION AND ORDER In this proceeding to compromise causes of action related to the conscious pain and suffering and wrongful death of decedent, to allocate and distribute those proceeds, and for the judicial settlement of her account, Administrator Maria Garbin seeks an interim order from the court, approving certain unopposed portions of the relief sought in the petition. In particular, petitioner asks the court to: 1) approve the settlement and compromise of the causes of action and authorize her to enter into the settlement and execute all papers and receipts and releases necessary to effectuate the same; 2) approve her attorneys fees and disbursements; and 3) allow her to collect the settlement proceeds and hold them in an interest-bearing escrow account pending further order of the court. This interim relief is sought, in part, because of ongoing litigation regarding a Medicare lien that prevents resolution of the entire proceeding, and upon counsel’s representation that an EPTL 5-4.6 Compromise Order from the Supreme Court in which the causes of action were commenced was not forthcoming, and the request for the issuance of such Order has been withdrawn from that court.1 In light of this information, and upon the waivers and consents of the other three distributees, the court grants the above-described portion of the relief sought. Specifically, approval of the compromise is granted, attorneys fees and disbursements are fixed in the amounts sought, and the Administrator is authorized to enter into the settlement, execute all necessary receipts, releases, and discontinuances, and the receive and deposit the settlement proceeds into an interest-bearing escrow account pending further order of the court. In accordance with this decision, it is hereby ORDERED, that Maria Garbin, Administrator of the Estate of Monty Humphries, deceased, be and is hereby authorized and permitted to settle and compromise the causes of action brought in Kings County Supreme Court for the wrongful death and conscious pain and suffering of the decedent for a total sum of $399,999, against defendant Manuel Valazquez; and it is further ORDERED, that petitioner as Administrator of the decedent’s estate is authorized to settle and discontinue the aforesaid claims and causes of action against all defendants and petitioner is authorized to deliver general releases and discontinuances and any other papers or documents that may be required to effectuate a settlement and discontinuances or withdrawals of the said claims and causes of action; and it is further ORDERED, that Manuel Velazquez or his insurer shall pay the sum of $399,999 to Michael M. Bast, PC, as attorney for the Administrator of the Estate of Monty Humphries, deceased, to be held in an interest-bearing escrow account; and it is further ORDERED, that attorney’s fees and disbursements are hereby fixed and allowed as follows: $5,104.88 for reimbursement of disbursements and $111,223.50 for a legal fee, for a total of $116,328.38 to Michael M. Bast, PC in payment of his fees for legal services and reimbursements rendered in accordance with the retainer agreement; and it is further ORDERED, that Michael M. Bast, PC shall continue to serve as attorney for the petitioner until the entry of a final decree of this court; and it is further ORDERED, that the filing of a bond is hereby dispensed with, and that the restrictions on the Letters of Administration be modified to allow the above settlement and particular directions herein, but that as to the balance of the settlement proceeds, the restrictions remain in full force and effect; and it is further ORDERED, that the balance of the settlement proceeds be held by the Administrator’s counsel in the interest-bearing escrow account until further order of this court; and it is further ORDERED, that petitioner’s counsel shall apprise the court every 30 days of the status of the appeal of the Medicare lien and/or of any progress on the resolution of the payment of such lien; and it is further ORDERED, that petitioner’s counsel shall serve a copy of this Decision and Order on all distributees no later than August 14, 2020. Dated: August 7, 2020
