DECISION The court grants this unopposed application by the Administrator of the estate of decedent Gracie Cameron to compromise claims for decedent’s wrongful death and conscious pain and suffering. These claims were made in an action against certain elder care defendants in which the Administrator, as plaintiff, alleged negligence in the defendants’ care of the 79-year-old decedent, leading to bed sores and sepsis that contributed to her demise on March 30, 2018. Decedent left three adult children as her distributees, one of whom is the petitioning Administrator. The other two distributees and the New York State Department of Taxation and Finance have provided their waivers of service and consents to the relief, allocation, and distributions requested. The requested allocation of 90 percent to the cause of action for conscious pain and suffering and 10 percent to the cause of action for wrongful death is approved. Certain claims have been agreed to be paid, namely, a Medicaid medical services claim of the New York City Department of Social Services ($142,287.95), a Medicare lien ($26,105.60), and reimbursement of the funeral creditor ($7,200). Petitioner also seeks statutory commissions. Fees of the attorneys are fixed and determined in the amounts requested pursuant to their one-third contingency fee retainer agreement, which also includes the agreement of Administrator’s counsel, Blitz Law Group, LLP, to pay, from its contingency fee, a certain amount claimed to be due to the Albanese and Albanese LLP law firm for legal fees and disbursements for estate administration matters. Reimbursement for the disbursements of the Administrator’s counsel is also approved and allowed. The petition is granted, and the account settled. The net proceeds are to be distributed as set forth in the decree. The restrictions on the Letters of Administration are modified to permit the settlement and to allow Petitioner to collect the proceeds and execute any receipts or releases that may be required. The Administrator is authorized to execute and deliver any papers or electronic authorizations necessary to effectuate the settlement and distribution. Decree settling account signed. Dated: December 19, 2024
