Upon the Petition of NINA S.Y. HO, as Administrator with Limited Letters of Administration in the Estate of Sing Ho, deceased, duly verified the 17th day of September, 2020, her account, sworn to the 17th day of September, 2020; the Attorney’s Affirmations of Jay Robert, Esq., the 1st day of October, 2020; the Attorneys Affirmation to Amend Petition of Jay Robert, Esq., sworn to the 30th day of November, 2020; praying that the Administrator be authorized to distribute the net settlement proceeds of $1,657,191.521 for decedent’s claims for wrongful death and conscious pain and suffering commenced against THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, THE NEW YORK CITY FIRE DEPARTMENT, FAIR ONLY REAL ESTATE CORP., COMET JOYCE CORP. and SYN 283 CORP., the Defendants, and against WONG & LIN TRADING CORP., the Third Party Defendants, settled by an Order of the Hon. Nancy M. Bannon, Justice of the Supreme Court of the State of New York, County of New York on the 23rd day of August, 2019 for the gross sum of $2,500,000.00, which awarded legal fees and disbursements; And the New York State Department of Taxation and Finance having filed its Waiver of Citation and Consent by David Demeter, Esq. acknowledged on the 13th day of November, 2020; And Waivers of Citation and Consent having been filed by WING HUNG BORIS HO, SHUK PING HO, WING CHEONG HO, SHUK CHING HO, SUK SUM HO, SHUK YING HO, MAY YUK HO and MEI KUEN HO; And no objections having been filed; And after due deliberation, the Court having rendered its decision, in writing, dated March 26, 2021; And the Administrator having prayed for the judicial settlement of her account and said account having been filed, under oath, and the Surrogate, having examined said account, now here finds the state and condition of the said account to be as stated and set forth in the following summary statement thereof, as adjusted by her to be recorded with and taken to be a part of the decree in this matter: SUMMARY STATEMENT Administrator is charged with: The gross settlement in the sum of $2,500,000.00 Total charges: $2,500,000.00 Administrator is credited with: Attorney’s fees and disbursements paid pursuant to Supreme Court Compromise Order: $842,808.48 Balance to be distributed pursuant to the terms of this Decree: $1,657,191.52 And it appearing the said Administrator has fully accounted for all monies and properties of the estate in said summary statement; Now on motion of JAY ROBERT, ESQ., of counsel to DELL & DEAN, PLLC, attorneys for said Petitioner, it is ORDERED, ADJUDGED AND DECREED that the petitioner’s application for leave to allocate and distribute the net settlement proceeds of the cause of action for conscious pain and suffering and wrongful death is granted; and it is further ORDERED, ADJUDGED AND DECREED that the net settlement proceeds of $1,657,191.52 shall be allocated 50 percent to conscious pain and suffering and 50 percent to wrongful death; and it is further ORDERED, ADJUDGED AND DECREED that the giving of a bond or other security in connections therewith be dispensed with and that the restrictions on the Letters of Administration heretofore issued are hereby modified to the extent necessary to permit the acts herein directed, and the filing of a bond or other security theretofore is hereby dispensed with; and it is further ORDERED, ADJUDGED AND DECREED that DELL & DEAN, PLLC, as escrow agent, shall distribute the net settlement sum of $1,657,191.52 plus any accrued interest, currently held in an attorney escrow account by $1,657,191.52 pursuant to the Order of the Supreme Court, New York County, as follows: TO: DELL & DEAN, PLLC, as and for reimbursement of the filing fees advanced in this proceeding, the sum of: $2,455.00 TO: NINA S.Y. HO, as and for reimbursement of the funeral expenses, the sum of: $8,121.00 TO: NINA S.Y. HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28 ,plus 1/9 of accrued interest TO: SUK SUM HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest TO: WING CHEONG HO, as and for a portion of his distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28 ,plus 1/9 of accrued interest TO: MAY YUK HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest TO: SHUK YING HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest TO: SHUK CHING HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28 ,plus 1/9 of accrued interest TO: SHUK PING HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest TO: MEIKUEN HO, as and for a portion of her distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest TO: WING HUNG BORIS HO, as and for a portion of his distributive share pursuant to EPTL 5-4.4 and EPTL 4-1.1, the total sum of: $182,957.28, plus 1/9 of accrued interest and it is further ORDERED, ADJUDGED AND DECREED that upon complying with the terms of this decree, NINA S.Y. HO as Administrator of the goods, chattels and credits which were of SING HO, deceased, and DELL & DEAN, PLLC, be and are hereby released and discharged of any further liability as to all matters and things embraced in the aforesaid account and determined by this decree; and it is further ORDERED, ADJUDGED AND DECREED that the account of NINA S.Y. HO as Administrator is hereby judicially settled. Dated: May 4, 2021
