Surrogate MellaESTATE OF CARMEN ELIZABETH VASQUEZ, Deceased (13-2678/A/B/C) — Decedent died intestate on July 29, 2011, from sepsis, four days after delivering her third child by cesarean section, during which she sustained a gastrointestinal perforation. She was survived by her three children. The compromise and settlement of the causes of action brought by petitioner for decedent’s conscious pain and suffering and wrongful death were approved by order of the Supreme Court, New York County, dated July 28, 2017, which also awarded legal fees to personal injury counsel and disbursements, and directed payment of a Medicaid lien and reimbursement for funeral expenses. The balance of the settlement proceeds was directed to be held by personal injury counsel in their firm’s escrow account pending order of this court.Petitioner requests that the proceeds of the settlement be allocated 10 percent to the cause of action for decedent’s conscious pain and suffering and 90 percent to the cause of action for decedent’s wrongful death. Two guardians ad litem (GALs) were appointed by this court, one for each of decedent’s infant distributees. The GALs have filed their reports opining on petitioner’s proposed allocation of the net settlement proceeds, but interposing no objections to the relief sought in the petition. The parties have agreed to the court’s determination of this matter on the papers submitted.Upon a review of the record, petitioner’s requested allocation is granted, as is her request for approval of payment of statutory commissions, statutory administration expenses and administrator’s counsel’s fees (SCPA 2307, 1106[3]). The proceeds allocated to the wrongful death cause of action shall be apportioned among decedent’s distributees pursuant to Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]) and Matter of Feld (153 Misc 2d 615 [Sur Ct, New York County 1992]) as sought in the petition, and the proceeds allocated to the conscious pain and suffering cause of action shall be distributed pursuant to EPTL 4-1.1(a)(3).Settle Decree.Dated: March 14, 2019
ESTATE OF KWAKU A. DUAH, Deceased (18-1124/B) — The SCPA 1421 petition of Lydia Duah, surviving spouse of Kwaku A. Duah, for a decree directing the New York City Employees’ Retirement System (NYCERS) to pay her one-third of decedent’s $242,108.12 death benefit, as her elective share of decedent’s estate, is granted (see EPTL 5-1.1-A). The granting of the petition is based on allegations — made by petitioner on the record at the November 16, 2018 calendar — that no asset other than a life insurance policy (the proceeds of which have been paid to petitioner) exists and that petitioner does not seek reimbursement of funeral or administration expenses.Upon entry of a decree, the restraint upon NYCERS, which has been in effect since May 18, 2018, shall be lifted with respect to the payment ordered herein; once such payment shall have been made, the restraint shall be lifted with respect to the balance of the NYCERS death benefit.Settle proposed decree on NYCERS and Renee Cooper.Clerk to notify.Dated: March 13, 2019
