ESTATE OF KEVON POWELL, Deceased — The administrator, the decedent's mother, seeks to judicially account for the settlement proceeds of a personal injury cause of action.
The 10-year-old decedent sustained injuries allegedly as a result of medical malpractice and died on December 14, 2007. The decedent's distributees are his parents. After the decedent's father filed objections to the petitioner's account, inter alia, to disqualify him as a distributee on the grounds of alleged abandonment and failure to support the decedent (see EPTL 4-1.4), the parents entered into a written stipulation pursuant to which the petitioner filed an amended petition and account which provides for modest payments to the objectant and his counsel.
Disbursements, and counsel fees which are pursuant to Judiciary Law §474-a, are allowed in the sum requested. The sum of $2,500 is to be paid to Joseph Thomas in reimbursement of the decedent's funeral expenses. Statutory commissions are allowed. The sum of $5,000 is to be paid to New York City Human Resources Administration (HRA) in payment of its claim for Medicaid benefits furnished to the decedent from December 12, 2007 to December 14, 2007. As requested, the sum of $5,058 is also to be paid to HRA for its claim for public assistance furnished to the petitioner. After the stipulated payments are made to the decedent's father and his counsel, the remaining proceeds are to be paid to the decedent's mother.
December 20, 2012