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Richmond County, Surrogate's Court:March 12, 2020

Richmond County, Surrogate's Court:March 12, 2020

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Surrogate Titone

ESTATE OF ANGELA M. GAETA, Deceased (14-270/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this court on April 7, 2014, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent. Jurisdiction has been obtained over all necessary parties including the New York State Department of Taxation and Finance and Center for Medicare & Medicaid Services. Upon review of all the papers submitted, the application to modify the limitations contained in the Limited Letters of Administration issued by this court on April 7, 2014 and to settle the claim for the wrongful death/personal injury on behalf of the decedent in the amount of $250,000.00 is approved. The entire proceeds are allocated to the cause of action for wrongful death. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $88,936.75 payable to the Hach & Rose, LLP. Upon their default and the finding of a 100 percent allocation of the net proceeds to wrongful death, the claim by Centers for Medicare & Medicaid Services, is rejected as against the proceeds of the within settlement. The net balance in the amount of $151,063.25 shall be paid as follows: $151,063.25 to Eileen T. Gaeta, sole distributee, having suffered a pecuniary loss. Incidental relief prayed for is granted. Submit Decree upon Notice of Settlement to the Centers for Medicare & Medicaid Services, as well as any other party or attorney who appeared in this proceeding. This matter is adjourned to May 6, 2020 at 9:30 a.m. for a status update regarding the submission of the decree. Dated: March 6, 2020

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