IN THE MATTER OF THE APPLICATION OF MILDRED KULAYA, AS ADMINISTRATOR OF THE GOODS, CHATTELS AND CREDITS WHICH WERE OF JANE KULAYA, Deceased (3168-A/B/C/11) — The court grants this unopposed petition by the administrator of the estate of decedent Jane Kulaya to compromise a personal injury action for $100,000. Statutory commissions are not requested. The administrator seeks to distribute the net proceeds, after payment of claims and attorney's fees and disbursements, in equal shares to decedent's two sisters as her sole distributees.

A portion of the fees sought by administrator's counsel under its contingency fee retainer is improper. Counsel seeks $1,500 in additional fees for estate services in this court. Although counsel has a separate retainer with the fiduciary for these services, this is above their contingency fee of one-third of the net award, as provided by court rule for a contingency fee in the settlement of a personal injury action (Rules of the App Div, 1st Dept [22 NYCRR] §603.7[e]). To allow these additional fees would circumvent that rule, and so they are disallowed (see Matter of Rose Anastasio, NYLJ, Jul. 9, 2010, at 38, col 1 [Sur Ct, New York County]; Matter of Hernandez, NYLJ, March 30, 2011, at 31 [Sur Ct, New York County]). The attorney's fees sought within the limits of this court rule are approved, as are the requested out-of-pocket disbursements (see Matter of Herlinger, NYLJ, Apr. 28, 1994, at 28, col 6 [Sur Ct, New York County]).

The proceeds are allocated to the cause of action for personal injury, and the account is settled.

The restrictions on the letters issued by this court are removed, and the administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required.

The net settlement proceeds shall be distributed in equal shares to decedent's two sisters (EPTL §4-l.l[a][5]).

Decree settling the administrator's account signed.

January 10th, 2013