ESTATE OF IVY GRIFFITHS, Deceased (17-3/B) — The executor, the decedent’s son, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds. The decedent died testate on August 24, 2016, as a result of alleged medical malpractice. The decedent’s distributees are the petitioner and a daughter who consents to the application. The New York State Department of Taxation and Finance also consents to the relief requested. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, and the lack of any outstanding debts or claims presented herein, the request to allocate the net distributable proceeds to the wrongful death cause of action is granted. Disbursements are allowed in the reduced sum of $11,986.29 reflecting the elimination of certain items normally considered office overhead and disallowance of a legal fee paid to outside estate counsel, as the trial attorney was retained after the decedent’s death to prosecute the causes of action herein (see 22 NYCRR §603.7(e); Matter of Sunkin, NYLJ, Feb. 2, 2005 at 29, col 2 [Sur Ct, Bronx County 2005]; Matter of Truong, NYLJ, Apr. 12, 2000 at 33, col 5 [Sur Ct, Bronx County 2000]). Trial counsel’s fees are allowed pursuant to Judiciary Law §474-a. The sum of $27,614 is to be paid to the petitioner in reimbursement of the decedent’s funeral expenses. The sum of $310,103.02 and $74.82 is to be paid, respectively, to Optum and Rawlings Company, LLC, in satisfaction of their subrogation claims. As requested, the net distributable proceeds are to be paid to the two children in equal shares. Decree signed. September 9, 2022
GUARDIANSHIP OF JULIO A.M.F., Pursuant to SCPA Article 17-A (21-2112) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged developmentally disabled person. Upon the oral and documentary proof adduced at the virtual hearing at which the proposed guardian and the respondent appeared remotely, it appears to the satisfaction of the court that the respondent is a developmentally disabled person within the provisions of Article 17-A of the SCPA, that he has a developmental disability which results in an impairment of general intellectual functioning so that he is unable to manage himself or his affairs by reason of his developmental disability (SCPA 1750-a [2]) and that he lacks the capacity to make health care decisions. The court is further satisfied that the petitioner and the nominated standby guardian are each qualified to assume the responsibility of serving as the respondent’s guardian, including exercising the right to make health care decisions pursuant to SCPA 1750-a (2). Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Vianney R.F.P. The respondent’s stepfather, Carlos M.G.R., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The successor guardian shall assume the duties of his office subject to qualification and confirmation pursuant to SCPA 1757. The Chief Clerk is directed to mail a copy of this decision and the decree to the pro se petitioner. Decree signed. September 12, 2022
