New York Life Insurance Company v. Galicia

Opinion

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