DECISION The settlement of causes of action for decedent’s conscious pain and suffering and wrongful death was approved, and the attorney’s compensation and costs fixed by an order of the Justice Adam Silvera, of the New York County Supreme Court, on January 23, 2020. The same order directed that the Administrator’s counsel hold the settlement proceeds — allocated equally between the two causes of action — in an interest-bearing escrow account pending further order of this court. The Administrator, decedent’s husband, now petitions for leave to remove the restrictions on the Letters of Administration, disqualify decedent’s father from receiving any portion of the settlement proceeds on the grounds of abandonment, and distribute the half of the net settlement allocated to the cause of action for decedent’s conscious pain and suffering to decedent’s husband, pursuant to EPTL 4-1.1(a)(2), and the half of the net settlement proceeds allocated to the cause of action for decedent’s wrongful death to decedent’s husband and decedent’s mother, in equal shares, pursuant to EPTL 5-4.4(a) and 5-4.3. Decedent’s father, duly served with citation on this petition seeking his disqualification, has not appeared, and the petition is unopposed. The uncontroverted sworn statements in three supporting affidavits of people close to decedent establish that decedent’s father abandoned her (SCPA 509). Furthermore, decedent’s father has failed to show that he suffered any pecuniary loss as a consequence of decedent’s death. Accordingly, he is disqualified as a distributee and not entitled to a share of the wrongful death settlement proceeds (EPTL 4-1.4[a], 5-4.4[a][2]; Matter of Chatham, 28 Misc 3d 1213[A], at *3 [Sur Ct, Bronx County] [EPTL 4-1.4 prevents "a parent, who has been no part of the child's life, from showing up to share [any settlement proceeds resulting from] the child’s death”]). Since the petitioner has established a prima facie case for abandonment in accordance with EPTL 4-1.4(a)(1), this court finds that the father is not entitled to a distributive share of the settlement proceeds related to decedent’s wrongful death. The restrictions on the Letters of Administration issued by this court are modified to permit this compromise, and the Administrator is authorized to collect the compromise proceeds and distribute as set forth herein. The proceeds are allocated fifty percent to the cause of action for conscious pain and suffering and fifty percent to the cause of action for wrongful death. The petitioner has waived statutory commissions and no reimbursement for funeral expenses is sought. The net settlement proceeds allocated to the cause of action for conscious pain and suffering are to be distributed entirely to decedent’s spouse pursuant to EPTL 4-1.1(a)(2). The net settlement proceeds allocated to the cause of action for wrongful death are to be divided into two equal shares, with one share payable to each of decedent’s spouse and decedent’s mother, pursuant to EPTL, 5-4.4(a) and 5-4.3 and the parties’ agreement. Decree settling the Administrator’s account signed. Dated: September 17, 2021
