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New York County,Surrogate's Court: September 22, 2022

Decision & Order decided on:September 15, 2022

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ESTATE OF GILBERTO GONZALEZ, Deceased (15-280/A/B/C) — The compromise and settlement of the causes of action for the wrongful death and conscious pain and suffering of decedent was approved by an Order, dated October 13, 2020, issued by the Honorable Michelle Weston, of Kings County Supreme Court where that action had been pending. That same Order fixed the fees and disbursements of Petitioner’s attorney, directed that the funeral expenses be reimbursed, and further directed that the net settlement proceeds be held in an interest-bearing escrow account pending further order of this court regarding allocation and distribution. By order of this court dated March 7, 2022, a guardian ad litem (GAL) was appointed to appear in this proceeding on behalf of distributee, Yoana Gonzalez, whose whereabouts are unknown. The GAL has filed his Report and interposes no objections to the settlement of Petitioner’s account or to his proposed distribution of the net settlement proceeds, and recommends that the share for his ward be deposited with the Commissioner of Finance of the City of New York (see SCPA 2223). The instant unopposed petition is granted. The Administrator is authorized to collect the net settlement proceeds and execute any receipts and releases. The restrictions on Petitioner’s Letters of Administration are modified to the extent necessary to collect and distribute these settlement proceeds. Allocation of the proceeds, 10 percent to the cause of action for wrongful death and 90 percent to the cause of action for conscious pain and suffering, is granted as sought. Payment of statutory commissions has been waived (SCPA 2307). The balance of the net settlement proceeds shall be paid as set forth in the Decree, pursuant to EPTL 5-4.4; 4-1.1 (a)(3), and by agreement of the parties. Decree settling the Administrator’s account, as well as fixing the fee of the GAL, is signed. Dated: September 15, 2022

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