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New York County, Surrogate's Court

Decision & Order decided on:September 29, 2022

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ESTATE OF MANUEL FORTUNATO, Deceased (11-3619/ABC) — The proposed compromise of a cause of action for decedent’s conscious pain and suffering is approved. The restrictions contained in the letters issued to the administrator are removed and he is authorized to collect the settlement and execute the necessary receipts and releases. The compensation and disbursements of the attorney for the administrator are fixed and determined. Petitioner’s request for authorization to pay additional attorneys fees is denied. In an action for personal injury or wrongful death, the amount of legal fees for counsel retained under a contingency fee arrangement is limited by court rule (22 NYCRR §603.25), and to allow any additional fees in the settlement of such an action would amount to a circumvention of the rule (Matter of Debari, NYLJ, June 20, 2018 at 25, col 3 [Sur Ct, NY County 2018]; Matter of Dickens, NYLJ, Aug. 30, 2013 at 24, col 6 [Sur Ct, Bronx County 2013]). Counsel’s disbursements are fixed and allowed in the sum requested less $1,895 for messenger and postage fees, which are considered office overhead (see e.g. Matter of Donnelly, NYLJ, Feb. 4, 2002 at 21, co 4 [Sur Ct, Bronx County, 2002]). The administrator is authorized to pay the sum of $3,579.52 to the New York City Department of Social Services in full satisfaction of a Medicaid lien. The net proceeds shall be distributed to decedent’s son, Manny Fortunato. The account is settled and the decree signed. Dated: September 29, 2022

ESTATE OF SARAH ALSTON, Deceased (07-1694/B) — This petition filed by two distributees to compel the administrator of the estate of Sarah Alston to account is dismissed as moot. The petitioners have each signed a Receipt and Release in which they acknowledge having received their distributive share of the estate and release the administrator from any further liability relating to the administration of the estate. This decision constitutes the order of the court. Dated: September 29, 2022

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