File #2019-278/A
CITATION
THE PEOPLE OF THE STATE OF NEW YORK
BY THE GRACE OF GOD, FREE AND INDEPENDENT,
TO: David Brian Lawrence, if living and if dead, to his heirs at law, next of kin and distributees whose names and places of residence are unknown, and if he died subsequent to the decedent herein, to his executors, administrators, legatees, devises, assignees, and successors in interest, whose names and places of residence are unknown and to all other heirs at law, next of kin and distributees of David Brian Lawrence, the decedent herein, whose names and places of residence are unknown and cannot after diligent inquiry be ascertained,
being persons interested as creditors, legatees, devisees, beneficiaries, distributees or otherwise of the estate of Jonathan Lawrence, deceased, who at the time of his death resided in Saratoga County, New York.
A petition having been duly filed by Doratha Lawrence, who is domiciled at 1041 Maple Street, A-202, Albion, Michigan 49224.
YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Saratoga County located at 30 McMaster Street - Building 3, Ballston Spa, New York 12020 on Wednesday, December 10, 2025 at 10:00 a.m.
WHY the account of the proceedings of Doratha Lawrence as Administrator of the Estate of Jonathan Lawrence, deceased, a copy of which is attached, should not be judicially settled, and
WHY the Administrator should not be empowered to compromise, settle, collect, allocate and distribute a claim for conscious pain and suffering and wrongful death of the Decedent for the collective sum of five hundred and fifty thousand dollars and zero cents ($550,000.00) to be paid by Ellis Primary Care – Clifton Park in the sum of three hundred twenty-five thousand dollars and zero cents ($325,000.00) and Anthony Malanga, M.D., in the sum of two hundred and twenty-five thousand dollars and zero cents ($225,000.00), and
WHY the provisions in the limited Letters of Administration issued to the petitioner on June 27, 2019, restraining the compromise or collecting upon the aforesaid claim and cause of action, should not be modified to permit said compromise, and
WHY the filing of a bond should not be dispensed with, and
WHY the gross settlement should not be allocated twenty-eight percent (28%) to the claim of conscious pain and suffering and seventy-two percent (72%) to the claim of wrongful death, and
WHY payment should not be made to The Jacob D. Fuchsberg Law Firm, LLP, out of the proceeds of the settlement herein, the sum of $102,118.65, as and for attorneys' fees, together with disbursements in the sum of $87,525.42, for a total of $189,644.07, and
WHY the Court should not enter a determination that the decedent's son, David Lawrence, whose whereabouts are unknown, predeceased him without issue, pursuant to SCPA §2225(a), and
WHY the distribution of the net settlement proceeds allocated to decedent's conscious pain and suffering ($154,000.00) after deducting attorney's fees proportionate to the allocated amount ($53,100.34), to wit the sum of $100,899.66, should not be approved and authorized to be distributed pursuant to EPTL §4-1.1 as follows:
i. To: Doratha Lawrence, the sum of $75,449.83.
ii. To: Jonathan Lawrence, Jr., the sum of $6,362.46.
iii. To: Glen Lawrence, the sum of $6,362.46.
iv. To: Nicole Lawrence, the sum of $6,362.46.
v. To: David Lawrence, the sum of $6,362.46, to be paid to Doratha Lawrence upon the determination that David Lawrence predeceased the Decedent without issue;
WHY the distribution of the net settlement proceeds allocated to decedent's wrongful death ($396,000.00) after deducting attorney's fees proportionate to the allocated amount ($136,543.73), to wit the sum of $259,456.27, should not be approved and authorized to be distributed pursuant to EPTL §5-4.4, as follows:
i. To: Doratha Lawrence, the sum of $170,000.00.
ii. To: Jonathan Lawrence, Jr., the sum of $44,728.14.
iii. To: Nicole Lawrence, the sum of $44,728.13; and
WHY payment should not be made to Cartiga on behalf of Doratha Lawrence, in the sum of $92,749.81, subject to accruing interest and fees, as for their assignment of rights and pursuant to the final pay off letter, out of her share of the settlement proceeds, and
WHY upon payments as hereinbefore mentioned the said Administrator should not be permitted to execute and deliver general releases and all other necessary papers to all defendants, releasing them from all claims against them arising out of the aforesaid action, together with any other papers necessary to effectuate the said compromise, and
WHY, upon compliance with the terms of the Decree to be entered herein, Doratha Lawrence, as Administrator and The Jacob D. Fuchsberg Law Firm, LLP, as attorneys, should not be discharged and released from all responsibility and liability with respect to the distribution of the settlement proceeds embraced herein.
AND any other relief the Court deems just and proper.
DATED, ATTESTED AND SEALED October 16, 2025
HON. Jonathan G. Schopf, County Surrogate
Nancy J. Padula, Deputy Chief Clerk
Attorney for Petitioner: The Jacob D. Fuchsberg Law Firm, LLP by Shannon Montgomery, Esq., 3 Park Avenue, Suite 3700, New York, New York 100016
Telephone Number of Attorney: (212) 869-3500
Email of Attorney: s.montgomery@fuchsberg.com
NOTE: This citation is served upon you as required by law. You are not obliged to appear in person. You have a right to have an attorney appear for you. If you fail to appear it will be assumed that you do not object to the relief requested.
October 31, November 7, 14, 21 2025
LDET0394679