Decision & Orders signed: August 20-22, 2024 Surrogate Gingold
ESTATE OF RUBEN ESQUILIN, Deceased (17-3832/A/B/C) — The petition by the Administrator of the Estate of Ruben Esquilin seeking permission to distribute and compromise a cause of action for decedent’s conscious pain and suffering and to settle an account is granted. The restrictions contained in the letters issued to the Administrator are modified to the extent necessary to allow this compromise, and the Administrator is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated as follows: 100 percent to the cause of action for conscious pain and suffering. The fees and disbursements of petitioner’s attorney are fixed and determined as set forth in the decree. The Administrator is entitled to $12,000, as statutory commissions under SCPA 2307. The Administrator is authorized to pay herself, as funeral creditor, the sum of $2,571 as reimbursement for decedent’s funeral expenses as set forth in the decree. The Administrator is authorized to pay the following sum in full satisfaction of the corresponding claim, $1,170, to the New York City Department of Social Services. The balance of the settlement proceeds shall be distributed to decedent’s distributees pursuant to EPTL 4-1.1 as set forth in the decree. The account is settled and the decree is signed. The Clerk of the Court shall serve a copy of this decision to all parties in the proceeding at the addresses below. Dated: August 22, 2024