Surrogate Malave-Gonzalez
ESTATE OF ANNIE WOOLRIDGE, Deceased (15-1646/A) — The administrator, one of the decedent’s daughters seeks to compromise causes of action arising from the decedent’s death settled in the Supreme Court, Bronx County (Silver, J.) and distribute the settlement proceeds. The supreme court order, inter alia, allowed for the payment of any medicaid claim to the extent of $7,500. The decedent died intestate on May 28, 2015 allegedly as the result of medical malpractice. His distributees are the petitioner and another daughter. Jurisdiction was acquired over Citibank seeking to disallow any claim it might have against these proceeds and it has not opposed the relief requested to date. The court notes that on the original return date, as a result of the exigent circumstances surrounding COVID-19, the court administratively adjourned the proceeding to June 23,2020 and the alleged creditor was informed of the adjourn date. Thereafter, the court not having received communication from any parties, including the alleged creditor marked the matter “submitted.” Given that the alleged creditor would not have been able to appear in person on either date, in spite of its failure to communicate with the court, the decree to be entered hereon shall be settled upon Citibank. Under the circumstances presented, including the consent of the other daughter and the New York State Department of Taxation and Finance, and the lack of any other unpaid debts or claims presented herein, the request to allocate the net distributable proceeds to the wrongful death cause of action is granted. Disbursements, and counsel fees in accord with Judiciary Law 474-a, are allowed in the sum requested. As requested, the amount of $123.61 is to be paid to CMS/Medicare. The remaining proceeds are to be paid to the two daughters in equal shares. Settle decree. September 3, 2020
