ESTATE OF BARRY SOLOMON LUFTI, Deceased (15-1432/A) — The administrator, the decedent’s son, seeks to lift the restrictions on his limited letters of administration so he may receive and judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Capella, J.) being held in his attorneys’ escrow account. The supreme court order, inter alia, directed the payment of attorneys’ fees and disbursements. The decedent sustained injuries as a result of alleged nursing facility negligence and died intestate on April 15, 2015. Other than the petitioner, the decedent’s distributees are a spouse and three other children who consent to the application. The New York State Department of Taxation and Finance also consents to the application. The sum of $7,221 is to be paid to the spouse in reimbursement of the decedent’s funeral expenses. The sum of $454.09 is to be paid to New York City/HRA for its claim. The sum of $46,261.73 is to be paid to CMS Medicare for its claim. The net distributable proceeds shall be paid to the distributees pursuant to EPTL 4-1.1 (a)(1). Submit decree. February 1, 2022
ESTATE OF BRIAN FLORES, also known as BRIAN FLORES VIDAL Deceased (15-1674/A) — The administrator, a designee, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds. The decedent died intestate on January 17, 2015, allegedly as a result of medical malpractice. The decedent’s distributees are his parents who consent to the application. The New York State Department of Taxation and Finance Citation also consents to the application. Citation issued to NYC Department of Social Services (NYC/DSS) and the United States Consulate General of Mexico, the funeral creditor, seeking to disallow any claims against the estate. On the return date the United States Consulate General of Mexico failed to appear or assert opposition to the application to date, and NYC/DSS thereafter indicated it would not be asserting a claim. Under the circumstances presented, including the consents of the parents and the New York State Department of Taxation and Finance, and the lack of any outstanding debts or claims presented herein, and the fact that the decedent did not regain consciousness, the request to allocate the net distributable proceeds to the wrongful death cause of action is granted. Disbursements are allowed in the sum requested. Counsel fees are allowed pursuant to Judiciary Law §474-a. The net distributable proceeds are to be paid to the parents in equal shares. Submit decree. February 1, 2022
