Surrogate's Court, Nassau County

Decided on May 18, 2026

File No. 2022-1411/A,B,C

David P. Sullivan, J.

[*1]

In this uncontested proceeding for leave to compromise the cause of action for conscious pain and suffering of the decedent, the petition prays for a decree: (1) modifying and extending the limited letters of administration to permit the petitioner to collect the proceeds of the settlement, which are allocated to conscious pain and suffering, in the total sum of $155,483.61; (2) permitting the petitioner to execute and deliver any and all papers necessary to effectuate the settlement; (3) approving the attorney's fees in the sum of $62,193.44; (4) approving the case expenses (disbursements) in the sum of $2,808.02; (5) approving the lien from AETNA in the sum of $20,908.11; (6) approving the lien from CMS Medicare in the sum of $17,962.79; (7) dispensing with the filing of a bond; (8) judicially settling the account of the administrator; and (9) directing that the balance of the settlement be distributed in the following manner: $50,805.63 to Ida D. LaBarca (spouse) and $805.62 to Lisa LaBarca Cohn (daughter).

The decedent, 77, died intestate, a resident of Nassau County, on April 3, 2021. He was survived by his wife and one adult child. Decedent's wife, Ida D. LaBarca, is the petitioner herein. Limited letters of administration issued to the petitioner on December 13, 2022.

Waivers and consents have been filed by the decedent's daughter and by the New York State Department of Taxation and Finance. The petitioner alleges that there are no other parties [*2]whose consent is necessary or who are entitled to notice of this proceeding (EPTL 5-4.4 [a]; 22 NYCRR 207.38 [c]).

The decedent sustained injuries and conscious pain and suffering from Non-Hodgkins lymphoma as a result of exposure to an herbicide manufactured by the defendant in the underlying action.

Petitioner retained counsel, who submitted a claim pursuant to the Monsanto Settlement Program. An offer was made by the defendant to settle the matter for $155,483.61. The amount of the settlement and the allocation of the proceeds of the settlement solely to the cause of action for the decedent's conscious pain and suffering is approved.

Petitioner's counsel in the underlying matter, Holland Law, requests attorney's fees in the amount of $62,193.44, which is 40% of the gross settlement amount of $155,483.61, as agreed upon in the retainer. However, the Surrogate's Court is empowered to decide what constitutes reasonable legal compensation for services rendered in prosecuting and compromising a wrongful death action, regardless of the existence of a retainer agreement or whether all the interested parties have consented to the amount of fees requested (Matter of Verplanck, 151 AD2d 767 [1989]).

In the instant matter, this court has determined that the 40% fee sought pursuant to the retainer agreement does not constitute reasonable compensation for services provided. As such, the attorney's fees are reduced to 33⅓% of the gross settlement amount of $155,483.61. Disbursements are allowed in the amount of $2,808.02. Petitioner's counsel in the instant matter, Raphan Law Partners, LLP, has waived any fees or disbursements.

The decedent's funeral bill was paid in full and no reimbursement is sought. The petitioner has waived her right to statutory commissions. A lien from AETNA in the sum of $20,908.11 and a lien from CMS Medicare in the sum of $17,962.79 shall be paid from the proceeds of the settlement. The petitioner alleges that there are no other known liens or claims against the estate of the decedent.

After deducting attorneys' fees, disbursements, and the liens, the net proceeds of the settlement shall pass to decedent's wife and child pursuant to EPTL 4-1.1.

The petitioner is not required to file a bond herein. The account of the petitioner is judicially settled. The restrictions on the limited letters of administration previously issued to the petitioner shall be removed to allow the petitioner to effectuate the settlement.

Submit decree in accordance with this decision, within 60 days of the date hereof.

The remainder of the relief set forth in the petition is DENIED.

This constitutes the decision of the court.

Dated: May 18, 2026

Mineola, New York

E N T E R:

HON. DAVID P. SULLIVAN

Judge of the Surrogate's Court