ESTATE OF KIN CHUNG CHEN, Deceased (23-165/A/B/C) — The petition by the Administrator of the Estate of Kin Chung Chen to modify the restrictions on his letters to allow him to collect and distribute proceeds from the September 11th Victim Compensation Fund (“the VCF”) on account of decedent’s personal injuries and wrongful death and to judicially settle her Account with respect to those proceeds is granted. The restrictions contained in the letters issued to the Administrator are modified, and the Administrator is authorized to collect and distribute the proceeds and to execute the necessary receipts and releases. The award proceeds are allocated as requested in the petition and in accordance with the VCF Award Detail. The fees of petitioner’s attorney are fixed and determined as set forth in the decree. The Administrator is authorized to pay himself the sum of $18,880.00 as reimbursement for decedent’s funeral expenses. The balance of the award proceeds shall be distributed to the estate of decedent as set forth in the decree. The Account is settled, and the decree is signed. The court clerk shall serve a copy of this decision to all parties in the proceeding by email at the addresses below. Dated: October 15, 2024
ESTATE OF ANGELICA MONSERRATE, Deceased (17-3816/A/B/C) — Milagros Monserrate, as the administrator of the estate of Angelica Monserrate, decedent, brings this petition for leave to allocate a cause of action for decedent’s personal injuries, which was settled in Supreme Court, New York County (Monserrate v. Visiting Nurse Service, Index No. 805366/2017), and to judicially settle her account. Decedent was 86 years old at the time of her death and was survived by four children, including the petitioner herein. On November 1, 2017, this Court issued limited letters of administration to petitioner, who commenced the underlying action in Supreme Court on behalf of decedent’s estate. In the underlying complaint, petitioner alleged that defendants neglected decedent while she was in their care and sought recovery for personal injuries. Petitioner did not assert a cause of action for wrongful death in the underlying action. Nevertheless, on October 14, 2022, the Supreme Court authorized and approved the settlement of the underlying action pursuant to EPTL 5-4.6, including the payment of attorneys’ fees and disbursements, and outstanding liens, and directed that the balance of the settlement proceeds be held in escrow pending a decree from the Court distributing the net proceeds. Petitioner now seeks an order allocating 100 percent of the net settlement proceeds to personal injury and approving the account. Upon consideration of the petition and the supporting documents, the Court finds that the full settlement amount should be allocated to personal injury since petitioner did not assert a cause of action for wrongful death. The restrictions contained in the letters issued are modified to the extent necessary to effectuate the settlement. The account is settled, and the decree is signed. Dated: October 16, 2024
