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ESTATE OF LUZ FERNANDEZ, Deceased

ESTATE OF LUZ FERNANDEZ, Deceased (03/A/565A) — The administrator, the decedent's son and sole distributee, seeks to remove the restrictions on his limited letters of administration in order to distribute the balance of the settlement proceeds of causes of action arising from the events leading to the decedent's injuries and death settled in the Supreme Court, Bronx County (Gonzalez, J.), and to allocate the settlement proceeds to the cause of action for wrongful death. The supreme court order, inter alia, directed the payment of counsel fees and disbursements. The Human Resources Administration of the City of New York was paid the sum of $104,539.23 directly by one of the paying defendants in satisfaction of a Medicaid lien. The remaining settlement proceeds are being held in the escrow account of the administrator's attorney.

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ESTATE OF LUZ FERNANDEZ, Deceased (03/A/565A) — The administrator, the decedent’s son and sole distributee, seeks to remove the restrictions on his limited letters of administration in order to distribute the balance of the settlement proceeds of causes of action arising from the events leading to the decedent’s injuries and death settled in the Supreme Court, Bronx County (Gonzalez, J.), and to allocate the settlement proceeds to the cause of action for wrongful death. The supreme court order, inter alia, directed the payment of counsel fees and disbursements. The Human Resources Administration of the City of New York was paid the sum of $104,539.23 directly by one of the paying defendants in satisfaction of a Medicaid lien. The remaining settlement proceeds are being held in the escrow account of the administrator’s attorney.

The decedent died intestate on July 17, 2003 from alleged medical malpractice. The New York State Department of Taxation and Finance consents to the application. The requests to remove the restrictions and allocate the net distributable proceeds to the wrongful death cause of action are granted, and those proceeds are to be paid to the decedent’s son.

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