- Surrogate's Court, New York County
- Mar 09 2017 (Date Decided)
- Surrogate Mella
ESTATE OF OLGA AMADA VILLAMARIN, Deceased (14/406/A/B/C) — Decedent died intestate on July 9, 2012, of causes that are alleged to be unrelated to a pending medical malpractice action brought by her following a procedure she had in January 2010, during which she sustained an injury that was subsequently not diagnosed for a number of days. Petitioner, one of decedent's 6 children, was appointed limited administrator to prosecute the pending action. Petitioner now seeks to compromise that cause of action, allocate the proceeds to the cause of action for decedent's personal injuries, have his attorneys' fee fixed and disbursements approved, pay an outstanding public assistance claim, and distribute the net proceeds in equal shares to decedent's six children (EPTL 4-1.1[a]). Finally, petitioner seeks his statutory commission pursuant to SCPA 2307. There is no opposition to the relief sought in the petition.
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