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ESTATE OF FRED BEROZI, Deceased

ESTATE OF FRED BEROZI, Deceased (13/812/A) — The co-executor, the decedent's son, seeks to lift the restrictions contained in his limited letters of administration so that he may distribute and account for the net settlement proceeds of a cause of action settled in the Supreme Court, Bronx County (Ruiz, J.). The supreme court order, inter alia, awarded disbursements and attorney fees and directed payment of a Medicare lien.

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ESTATE OF FRED BEROZI, Deceased (13/812/A) — The co-executor, the decedent’s son, seeks to lift the restrictions contained in his limited letters of administration so that he may distribute and account for the net settlement proceeds of a cause of action settled in the Supreme Court, Bronx County (Ruiz, J.). The supreme court order, inter alia, awarded disbursements and attorney fees and directed payment of a Medicare lien.

The decedent sustained fatal injuries stemming from an elevator accident that occurred on November 25, 2012. The decedent’s sole testamentary beneficiaries and distributees are the petitioner and a daughter, the co-executor, who post-deceased. The administrator appointed in the post-deceased daughter’s estate and the New York State Department of Taxation and Finance consent to the application. Under the circumstances presented, including the lack of any debts or claims, and that the decedent was conscious for a period of time after the accident, the request to allocate 60 percent of the settlement proceeds to the personal injury cause of action and remaining proceeds to the wrongful death cause of action is approved.

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