The Public Administrator (PA) seeks, inter alia, to judicially account for the proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J), against certain defendants and, inter alia, to: a) disqualify the decedent’s parents as distributees of the estate based on abandonment; b) disallow the claim by the decedent’s mother for reimbursement of decedent’s funeral expenses; c) allocate the settlement proceeds equally between the causes of action for personal injuries and wrongful death; d) disallow any possible claim the alleged maternal grandmother may have to the net distributable proceeds; and e) deposit the entire net estate with the Commissioner of Finance of the City of New York for the benefit of unknown distributees who may thereafter prove entitlement thereto. The supreme court, inter alia, directed the payment of the settlement in two equal installments, awarded attorney’s fees and disbursements, directed reimbursement of the decedent’s funeral expenses to the decedent’s maternal grandmother and a payment to the New York City Department of Social Services in satisfaction of its Medicaid lien only against the proceeds of these paying defendants. The infant decedent died on December 18, 2009, allegedly as a result of medical malpractice commencing at birth. The decedent’s presumptive distributees are her parents. Both the maternal grandmother and mother, although initially represented by counsel, are now proceeding pro se and have not opposed the requested relief. The New York State Department of Taxation and Finance consents to the applicationThe guardian ad litem appointed for the decedent’s alleged father whose whereabouts are unknown, who was also appointed for possible unknown distributees, filed a report noting that he found no basis to object to the relief requested, including the disqualification of the father, and although he initially recommended that a kinship hearing be held, he filed a supplemental report consenting to the deposit with the Commissioner of Finance. Thereafter, a separate guardian ad litem was appointed on behalf of the father and that guardian ad litem objected to the disqualification of his ward.The two guardians ad litem and the PA have now entered into a stipulation which provides, inter alia, that the net estate may be deposited with the Commissioner of Finance for the benefit of those who may establish their entitlement thereto, without prejudice to the rights of the decedent’s mother, father, maternal grandmother, or any other person alleging to be a distributee of the decedent to commence a withdrawal proceeding. It appearing to be in the best interests of their respective wards, the court grants the request by the guardians ad litem to enter into the stipulation, nunc pro tunc.Under the circumstances presented, including the consents of the guardians ad litem and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate 50 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action. As stipulated, the entire net distributable proceeds are to be deposited with the Commissioner of Finance of the City of New York for the benefit of those who may thereafter establish their entitlement thereto.Settle decree.
