This is an application to settle and compromise a wrongful death/personal injury cause of action, and for a determination that Cameron R. Walrond, an alleged surviving spouse of the decedent, is not entitled to share in the proceeds of the settlement because he abandoned the decedent (EPTL 5-1.2(5)). A review of the papers indicates that Cameron R. Walrond was served a Citation containing all the specific relief being sought.On December 6, 2017, Cameron R. Walrond appeared and the matter was adjourned to January 31, 2018 to provide Cameron R. Walrond an opportunity to obtain counsel. On January 31, 2018, Cameron R. Walrond failed to appear, nor have an attorney appear on his behalf. Accordingly, based upon the default by Cameron R. Walrond and the uncontested facts presented, the decedent’s alleged spouse abandoned her and that this abandonment continued up to the time of decedent’s death, and as a consequence, Cameron R. Walrond is precluded from sharing in the recovery (EPTL 5-1.2(5)).Jurisdiction has been obtained over all other interested parties, including listed creditors. The Guardian ad Litem, appointed on behalf of an infant distributee, has filed an interim report wherein certain recommendations were indicated. In response, counsel for petitioner filed an amended petition and supplemental citations were served on all interested parties adversely effected by the amendments. The Court is now in receipt of the final report of the Guardian ad Litem. The fee of the Guardian ad Litem is fixed in the amount of $6,180.00 and shall be paid as an administration expense of this estate.The limitations contained in the Letters of Administration originally issued by this Court on June 12, 2012 are hereby modified so as to enable the administrator to compromise the wrongful death/personal injury claims for $90,000.00.All proceed are allocated to the cause of action for wrongful death. Upon their default and a finding of a 100 percent allocation of the proceeds to wrongful death, the claim by Bank of America as indicated within the petition is rejected as against the proceeds of the within settlement. Statutory commissions in the amount of $2,880.37 are hereby approved.Attorney fees, inclusive of disbursements, are hereby fixed and allowed in the amount of $32,392.43 payable to the Shapiro Law Offices PLLC.The net balance in the amount of $48,547.20 shall be distributed pursuant to the Affirmation dated August 7, 2017 amending the petition and the recommendation as contained in the final report of the Guardian ad Litem. The share of the infant distributee, Reggie Cameron Walrond, shall be made payable to a Pooled Supplemental Needs Trust as indicated in the amended documents and as recommended in the final report of the Guardian ad Litem.Submit Decree upon Notice of Settlement to the Guardian ad Litem and all interested parties.Dated: June 1, 2018
