Compromise applications are commonly presented to the Special Master for review and approval for submission to the file in Surrogate’s Court. Yet a certain subset of these applications, particularly as to New York County matters, requires direct court approval.
As such matters are within the expertise of the Surrogate’s Court, all applications to compromise an EPTL 5-4.1 et seq. wrongful death action and obtain an order for distribution in NYCAL cases pursuant to EPTL 5-4.4 that are not otherwise presentable to the Special Master shall be filed in Surrogate’s Court pursuant to EPTL 5-4.6.
Any pending or future application seeking such relief from Part 13 is and shall be denied without prejudice to renew in Surrogate’s Court.
If you have been submitting such applications to the Special Master, you may continue to do so unless otherwise directed. If you are unsure of whether a compromise application should be brought before the Special Master or the Surrogate’s Court, you may inquire of the Special Master directly.
