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New York County,Surrogate's Court: August 16, 2022

Decision & Order decided on:August 11, 2022

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ESTATE OF LUIS JOSE GARCIA, Deceased (16-4517/D/E/F) — The unopposed petition of the Administrator of the estate of Luis Jose Garcia, for leave to allocate and distribute the net proceeds from causes of action for decedent’s conscious pain and suffering and wrongful death is granted. The Supreme Court, by Compromise Order dated September 6, 2019, approved attorneys fees in the amount of $236,370.68, as well as disbursements in the amount of $5,646.59 and permitted these sums to be paid to Petitioner’s counsel upon proof of filing the instant petition with this court (EPTL 5-4.6[a][2]).1 As requested in the petition, the settlement proceeds are allocated 100 percent to the cause of action for decedent’s conscious pain and suffering and the action for decedent’s wrongful death is discontinued without interest, costs, or disbursements. The restrictions on the Letters of Administration issued by this court are modified to allow the compromise and settlement. The Administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required. Statutory commissions are waived (SCPA 2307). The Administrator is further authorized to reimburse her attorneys for the additional expenses incurred on filing fees in this court ($2,220.00), and to pay the sum of $10,712.00 to decedent’s mother, Blanca Padilla, as reimbursement for decedent’s funeral expenses. Petitioner and her counsel state that there are no other liens or claims made with respect to decedent’s estate. The net settlement proceeds shall be paid to Ms. Padilla pursuant to EPTL 4-1.1(a)(4). Decree settling the Administrator’s account is signed. Dated: August 11, 2022

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