Decision & Order decided on: November 3 & 7, 2022 Surrogate Anderson
ESTATE OF DANILSA FERNANDEZ, Deceased (18-3747/ABC) — The proposed compromise of a cause of action for decedent’s conscious pain and suffering and wrongful death is approved. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases. The proceeds are allocated 100 percent to the cause of action for wrongful death. The compensation and disbursements of the attorneys for the fiduciary are fixed and determined. The administrator is authorized to reimburse Francisco Fernandez the sum of $5,082 for decedent’s funeral expenses and to pay the New York City Department of Social Services the sum of $12,870.33 in full satisfaction of its Medicaid lien. Petitioner’s request to disallow a further lien of the Department of Social Services for public assistance is granted. Petitioner is authorized to enter into structured settlement agreements, as set forth in the documents annexed to her petition, for the benefit of decedent’s children in accord with Matter of Kaiser. The administrator shall pay the net balance follows: to Pacific Life & Annuity Company, as assignee, the amount of 13.99 percent of the net estate for the structured settlement for the benefit of decedent’s daughter, Songe Anaya Smalls; to New York Life Insurance & Annuity Corporation, as assignee, for the structured settlement for the benefit of decedent’s daughter, Ydania Maria Vega, in the amount of 23.81 percent of the net estate and the structured settlement for the benefit of decedent’s son, Jesus Vega, in the amount of 23.81 percent of the net estate; and to First Berkshire Hathaway Life Insurance Company, as assignee, for the structured settlement for the benefit of decedent’s daughter, Danilsa Madera, in the amount of 38.39 percent of the net estate. The account is settled and the decree is signed. Dated: November 3, 2022
