New York Life Insurance Company v. Galicia

E.D. New York

New York Life Insurance Company v. Galicia

DecidedAugust 24, 2022

Docket1:20-cv-03005

StatusUnknown

This text of New York Life Insurance Company v. Galicia (New York Life Insurance Company v. Galicia) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New York Life Insurance Company v. Galicia, (E.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK MEMORANDUM & ORDER NEW YORK LIFE INSURANCE COMPANY, 20-CV-3005 (NGG) ( ) Plaintiff, -against- DAVID L. GALICIA, et al., Defendants.

NICHOLAS G. GARAUFIS, United States District Judge. Pending before the court is what remains of Plaintiffs inter- pleader action to distribute the final proceeds of a life insurance policy for Carmelita Cabansag. (Compl. (Dkt. 1).) Cabansag was killed on April 24, 2020, and one of the beneficiaries of insurance policy — her own son — was later convicted of the crime. (Death Certificate (Dkt. 1-9); Report and Recommendation (“R&R”) (Dkt. 21) at 1-2.) After the conviction, Magistrate Judge Robert M. Levy issued the annexed report and recommendation that the remaining insurance proceeds be distributed to the sole remain- ing beneficiary, Cabansag’s nephew, Leonardo L. Sy, because her son, David L. Galicia, cannot collect on the policy under New York’s “Slayer Rule.” (R&R at 3-4.) No party has objected to Magistrate Judge Levy's R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro Fuel Oil Corp., 12 F. Supp. 3d 387, 397 (E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, ORDERS the remaining proceeds of $25,510.27 to be distributed to Sy. The clerk is respectfully di- rected to close this case. SO ORDERED. □

Dated: Brooklyn, New York August 24, 2022 sINGG □ Pe a NICHOLAS G. GARAUFIS/ United States District Judge

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK MEMORANDUM & ORDER NEW YORK LIFE INSURANCE COMPANY, 20-CV-3005 (NGG) ( ) Plaintiff, -against- DAVID L. GALICIA, et al., Defendants.

NICHOLAS G. GARAUFIS, United States District Judge. Pending before the court is what remains of Plaintiffs inter- pleader action to distribute the final proceeds of a life insurance policy for Carmelita Cabansag. (Compl. (Dkt. 1).) Cabansag was killed on April 24, 2020, and one of the beneficiaries of insurance policy — her own son — was later convicted of the crime. (Death Certificate (Dkt. 1-9); Report and Recommendation (“R&R”) (Dkt. 21) at 1-2.) After the conviction, Magistrate Judge Robert M. Levy issued the annexed report and recommendation that the remaining insurance proceeds be distributed to the sole remain- ing beneficiary, Cabansag’s nephew, Leonardo L. Sy, because her son, David L. Galicia, cannot collect on the policy under New York’s “Slayer Rule.” (R&R at 3-4.) No party has objected to Magistrate Judge Levy's R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro Fuel Oil Corp., 12 F. Supp. 3d 387, 397 (E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, ORDERS the remaining proceeds of $25,510.27 to be distributed to Sy. The clerk is respectfully di- rected to close this case. SO ORDERED. □

Dated: Brooklyn, New York August 24, 2022 sINGG □ Pe a NICHOLAS G. GARAUFIS/ United States District Judge

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