ESTATE OF AIDA LUZ PEREZ RAMOS, also known as, AIDA PEREZ, Deceased (19-154/A) — In this proceeding by the administrator to collect settlement proceeds and judicially settle her account, verified objections have been filed by the decedent’s son and the administrator filed a reply to those objections and in support of her application. Based on this state of the record, all counsel, and any parties who wish to do so, are directed to appear on February 9, 2023 on the court’s virtual platform for a compliance conference. The court will email a Microsoft Team’s Meeting invitation indicated the time at which to appear. All parties shall be prepared to discuss a possible settlement of the underlying issues and deadlines for disclosure, motions and the filing of the note of issue, certificate of readiness and statement of issues (see Uniform Rules for Surrogate’s Court [22 NYCRR] §§207.29 and 207.30), if necessary. The Chief Clerk shall mail a copy of this decision along with the notice for virtual appearances to the respective counsel. Proceed accordingly. January 19, 2023
ESTATE OF ALVARO ENRIQUE GUTIERREZ, Deceased (19-1050/A) — The administrator, one of the decedent’s daughters, seeks to compromise claims arising from the decedent’s death and judicially account for the settlement proceeds and a no-fault benefit which was used to pay a portion of the decedent’s funeral expenses. The decedent sustained injuries when he was struck by a motor vehicle while a pedestrian and died intestate on July 8, 2018. In addition to the petitioner, the decedent’s distributees are four other children, two of whom were under 21 at the time of decedent’s death, one of whom remains an infant. The guardian ad litem appointed for the infant does not object to the application. Under the circumstances presented, including the consents of the other adult distributees, and the New York State Department of Taxation and Finance, and the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate half of the proceeds to the wrongful death claim and the balance to the personal injury claim. Counsel fees and disbursements are allowed in the sum requested. The net distributable proceeds allocated to personal injury are to be paid to the administrator. The net distributable proceeds allocated to wrongful death are to be paid pursuant to Matter of Kaiser (198 Misc. 582 [Sur Ct, Kings County 1950]) as follows: 63 percent to Alexander G. and 37 percent to Alvaro G., Jr. The proceeds payable to the infant shall be paid to the duly appointed guardian of the infant’s property jointly with the Guardian Clerk of this court, subject to the further order of this court. Settle decree. January 19, 2023
