ESTATE OF ANNA FEDORUK, Deceased — This is an application by the administrator, one of the decedent's sons, to judicially account for the settlement proceeds of a personal injury cause of action.

The decedent sustained injuries as a result of alleged nursing home negligence and died intestate on January 29, 2006 of unrelated causes. In addition to the petitioner, the decedent's distributees are three other children, all of whom were served with process and defaulted. Two applications were approved previously concerning a separate but related action against other defendants. (see Matter of Fedoruk, NYLJ, Nov 15, 2010, at 19, col 2; see also Matter of Fedoruk, NYLJ, May 4, 2011 at 30 col 3). MSPRC/Medicare and Department of Social Services of the City of New York were served with a citation seeking to disallow any claims they may have insofar as the same were satisfied by the proceeds of a prior settlement, and they defaulted. The New York State Department of Taxation and Finance consents to the relief requested.

Disbursements have previously been reimbursed, counsel fees are allowed in the sum requested. The net distributable proceeds are to be paid to the decedent's children in equal shares. The restrictions imposed upon the administrator and his counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.

Submit decree.

January 25, 2013