ESTATE OF FAUSTINO PEREZ MORALES, Deceased
ESTATE OF FAUSTINO PEREZ MORALES, Deceased — This is an application by the Public Administrator to allocate and judicially account for the proceeds of causes of action arising from the decedent's death settled in the Supreme Court, Bronx County (Suarez, J.) and to disqualify the decedent's mother from sharing in the proceeds.
The decedent died on November 18, 2008 at the age of 21, after being struck by a motor vehicle while bicycling. His distributees are his by his parents. Jurisdiction was obtained over the decedent's father and mother and they defaulted.
It appearing that all claims as well as counsel fees and disbursements were fixed and paid pursuant to the order of the supreme court and that the New York State Department of Taxation and Finance does not oppose the relief requested, the application to allocate the entire settlement proceeds to the cause of action for wrongful death is approved. The uncontested allegations contained in the petition that the decedent's mother abandoned and failed to support the decedent and therefore is not entitled to share in the net proceeds are deemed due proof thereof (SCPA 509). Accordingly, the net proceeds shall be paid to the decedent's father.
January 25, 2013