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ESTATE OF JOSEPHINE B. FRIMPONG, Deceased (14/656/A) — The administrator, the decedent’s spouse, seeks to remove the restrictions contained on her limited letters of administration so that he may collect the settlement proceeds of causes of action for the decedent’s personal injuries and wrongful death, allocate the entire proceeds to the personal injury action, and distribute and judicially account for same.

The decedent sustained injuries from alleged medical malpractice and died intestate on June 9, 2013. In addition to the petitioner, the decedent’s distributees are five children, three of whom were under the age of 21 years at the time of the decedent’s death and one of whom is still an infant. Jurisdiction was obtained over the five children. The four adult children defaulted and a guardian ad litem appointed for the infant distributee. The guardian ad litem recommends approval of the application, including the allocation of the entire proceeds to the personal injury action. Process also issued to the New York City Department of Social Services/Human Resources Administration (NYCDSS/HRA) to show cause why it should not be paid the sum of $49,840.41 in satisfaction of its Medicaid lien and it defaulted. The New York State Department of Taxation and Finance consents to the application. Accordingly, the request to allocate the entire proceeds to the personal injury action is granted.

 
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