ESTATE OF AMORA VIDAL, Deceased (18-1244/A) — The administrator, who is the decedent’s mother, petitions to lift the restrictions contained in her letters of administration so that she may distribute and judicially account for the remaining proceeds received from causes of action settled in the Supreme Court, Bronx County (Torres, J.), which are being held in her attorney’s escrow account. The Supreme Court order, inter alia, directed the payment of counsel fees. The decedent died intestate on December 28, 2017, allegedly as the result of a building fire. Her only distributees are the petitioner and the decedent’s father, who consents to the relief requested in the petition. The New York State Department of Taxation was cited. It did not appear on the court’s virtual platform on the return date, nor has it opposed the petitioner’s application to date. Counsel is to be reimbursed the sum of $670 for the filing fees incurred in this application and the underlying administration proceeding. This court declines to pass upon the remainder of counsel’s request for disbursements, as that matter would have been addressed by the Supreme Court which determined the fee request. Accordingly, the sum of $8,751.00 shall continue to be held in escrow pending a further order of the Supreme Court determining the disbursements request. The net settlement proceeds are to be paid to the decedent’s parents in equal shares (see EPTL 4-1.1 [a] [4]). If no further filings are received by the court concerning the request for disbursements within 60 days of the decree to be entered hereon, counsel shall release the $8,751.00 being held in escrow and distribute it to the decedent’s parents, in equal shares. The restrictions imposed upon the administrator and her counsel will remain in full force and effect with regard to any remaining defendants and causes of action. Submit decree. October 18, 2022
ESTATE OF MICHELLE WILLIAMS, Deceased (12-2759/A) — The executor, who is the decedent’s sister, seeks to distribute and judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Silver, J.), which are being held in her attorneys’ escrow account. The Supreme Court order, inter alia, directed the payment of counsel fees, disbursements and a Medicaid claim. The order also allocated the entire settlement proceeds to the claim for the decedent’s conscious pain and suffering. The decedent sustained injuries as a result of alleged medical malpractice and died intestate on August 7, 2012. In addition to the petitioner, the beneficiaries under the decedent’s will are three daughters, two of whom were infants at the time of the decedent’s death but have since attained majority. Those children are each a 20 percent residuary beneficiary under the will. The decedent was also survived by a fourth adult biological daughter who is alleged to have been adopted out of the decedent’s family and is not a beneficiary under the will. Jurisdiction was obtained over all four of the children as well as Canice T. Dornelly, Esq., the guardian ad litem (“GAL”) appointed in the underlying probate proceeding (File No. 2012-2759) to represent the interests of the two daughters who had not yet attained majority status. Mr. Dornelly is a creditor of the estate, as he has not been paid his fee for the services he rendered as a GAL. None of the cited parties appeared on the court’s virtual platform on the return date, nor has the court received any opposition to the application to date. The New York State Department of Taxation and Finance consents to the relief sought in the petition. On this state of the record, the petitioner’s unopposed application is granted. The sum of $462.00 shall be paid to Canice T. Dornelly, Esq. for his services as a GAL. The net settlement proceeds are to be paid to the executor and distributed pursuant to the terms of the decedent’s will. Submit decree. October 18, 2022
