DECREE Upon reading and filing the petition of Everett Browder, as Administrator with Limited Letters in the Estate of Kalief Browder, deceased, duly verified on August 9, 2019 (the “Administrator”); the Administrator’s accounts, sworn to on August 9, 2019, updated by his affidavits dated October 26, 2021 and May 23, 2022; the affirmation of Paul Prestia, Esq., dated October 25, 2019; the affirmations of Gary S. Basso, Esq., dated November 6, 2019 and October 26, 2021; the affirmation of Scott E. Rynecki, Esq., dated September 25, 2019, all of which were submitted in support of the Administrator’s application to distribute the net settlement sum of $2,197,532.41 for decedent’s cause of action for wrongful death and conscious pain and suffering in the action captioned The Estate of Kalief Browder vs. The City of New York, et al., bearing Index No. 23696/2013 (the “Personal Injury Action”), which was settled by the Order (the “Compromise Order”) of the Hon. Mitchell J. Danziger, Justice of the Supreme Court of the State of New York, County of Bronx on May 14, 2019 for the gross sum of $3,300,000.00; And the New York State Department of Taxation and Finance having filed its waiver of citation and consent by John C. Miller, Esq., acknowledged on December 5, 2019; And a citation having been issued, returnable on December 17, 2019, directed to all interested parties, and proof of due and timely service thereof upon Prime Case Funding, LLC, an alleged creditor and Nicole Browder, the Co-Administrator of the Estate of Venida Brower, having been filed; And Prime Case Funding LLC not having appeared on said return date or filed objections the relief sought herein; And objections, verified on January 7, 2020, having been filed by Nicole Browder as Co-Administrator of the Estate of Venida Brower; And the Compromise Order having directed that $3,701.38 be paid to the estate’s attorney in the Personal Injury Action, the law firm of Rubenstein & Rynecki, as disbursements; that $1,098,776.21 be paid to Rubenstein & Rynecki as fees; and that the net amount of $2,197,532.51 be held in the escrow by Rubenstein & Rynecki pending a determination of allocation and distribution by this Court; and And this Court having signed an interim decree dated January 31, 2020, amended by a so-ordered stipulation dated June 15, 2020, ordering and decreeing, inter alia, that fifty percent of the net settlement proceeds being held in escrow by Rubenstein and Rynecki, and any interest accrued thereon, be paid into an interest-bearing account at Signature Bank (account number 1503947303, the “Kalief Estate Account”), under the control of Gary S. Basso, Esq. as escrowee, and the other half of net settlement proceeds, and any interest accrued thereon, be paid into a separate interest-bearing account at Signature Bank (account number 150397311, the “Venida Estate Account”) under the control of Gary S. Basso Esq. and William A. Simon, Esq., as escrowees; and that the Administrator herein and the co-administrators of the Estate of Venida Brown may settle the claim of Prime Case Funding for the sum of $82,500.00, one-half to be paid from the Kalief Estate Account ($41,250.00) and the other half ($41,250.00) to be paid from the Venida Estate Account; And the parties having entered into a stipulation of settlement and release, filed with this court on April 25, 2022, and duly acknowledged by Everett Browder July 15, 2021, Nicole Browder on July 6, 2021, Kamal Browder on July 9, 2021, Akeem Browder on July 6, 2021, Raheem Browder on August 4, 2021 and Shihahn Browder on July 20, 2021, which resolved the objections of Nicole Browder as Co-Administrator of the Estate of Venida Brower and wherein the parties, agreed, inter alia, that 100 percent of the net settlement proceeds awarded in the Compromise Order would be allocated to conscious pain and suffering; that Gary S. Basso, Esq., as escrowee, shall pay to Everett Browder, in his individual capacity, the sum of $4,750 from the Kalief Estate Account, to partially reimburse his payment of the decedent’s funeral bill; that Gary S. Basso, Esq., as escrowee, shall pay to McGarry & Simon, a fee of $450 from the Kalief Estate Account, for preparing and filing the 2020 federal and New York State fiduciary income tax returns for the Estate of Kalief Browder; that Gary S. Basso, Esq. as escrowee, shall pay himself the sum of $34.00 from the Kalief Estate Account to reimburse his payment of 2020 federal and New York State fiduciary income taxes on behalf of the Estate of Kalief Browder; and that after making the aforesaid payments, Gary S. Basso, as escrowee, shall pay one-half of the balance remaining in Kalief Estate Account to Everett Browder, as a distributee of the decedent’s estate, and the other half of the balance remaining in the Kalief Estate Account to the Venida Estate Account; And it appearing that this estate is exempt from tax; And the Administrator having further prayed for the judicial settlement of his account and said account having been filed, under oath, and the Surrogate, having examined said account, now here finds the state and condition of the said account to be as stated and set forth in the following summary statement thereof, as adjusted by her to be recorded with and taken to be a part of the decree in this matter: SUMMARY STATEMENT Administrator is charged with: With the gross settlement in the sum of Less $3,300,000.00 a. Attorney fees awarded to Rubenstein & Rynecki by Judge Danziger $1,098,766.21 b. Disbursements payable to Rubenstein & Rynecki by Judge Danziger $3,701.38 c. Amount payable to Estate of Venida Browder pursuant to the Interim Decree of this Court dated the 31st day of January, 2020 $1,097,538.71 d. Amount payable to Velella & Basso for filing fees $2,455.00 e. Amount paid to Raul Sloezen, Esq., as attorney for Prime Case Funding, pursuant to agreement of the parties as principal $41,250.00 Total charges $2,243,711.30 $2,243,711.30 Balance $1,056,288.70 Additional Credits (interest earned through 4/30/22) $3,142.37 Balance of the settlement sum to be distributed pursuant to the terms of this decree: $1,059,431.07 And it appearing the said Administrator has fully accounted for all monies and properties of the estate in said summary statement; And after due deliberation, the Court having rendered its decision, in writing, on the date of entry of this Decree; Now, on motion of Gary S Basso, Esq., attorney for said petitioner, it is ORDERED, ADJUDGED AND DECREED, that one hundred percent (100 percent) of the net settlement proceeds be allocated to conscious pain and suffering; and it is further ORDERED, ADJUDGED AND DECREED, that the Administrator is authorized to distribute the net settlement sum of $1,059,431.07 for decedent’s cause of action for conscious pain and suffering subject to the terms of the stipulation of settlement and release of the parties filed with this Court on April 25, 2022; and it is further ORDERED, ADJUDGED AND DECREED, that the restrictions contained on the Limited Letters of Administration heretofore issued are hereby modified to the extent necessary to permit the acts herein directed, and the filing of a bond or other security is hereby dispensed with; and it is further ORDERED, ADJUDGED AND DECREED, that the account of Everett Browder, as the Administrator, be judicially settled; and it is further ORDERED, ADJUDGED AND DECREED, that the aforesaid payment of $1,097,538.71 made by the Administrator to the Estate of Venida Browder pursuant to the Interim Decree of this Court dated the 31st day of January, 2020 be and the same hereby is approved as the final distribution to the Estate of Venida Browder as distributee of the Estate of Kalief Browder; and it is further ORDERED, ADJUDGED AND DECREED, that Gary S Basso, Esq., as escrow agent from the Kalief Estate Account (Signature Bank account number 1503947303) shall pay the net settlement sum of $1,059,431.07, as follows: TO: Everett Browder the sum of $4,750.00 as and for reimbursement of part of the decedent’s funeral bill, $4,750.00 TO: Gary S Basso, Esq., the sum of $34.00 for paying federal and New York State fiduciary income taxes $34.00 TO: McGarry & Simon the sum of $450.00 for its fee for preparing and filing the 2020 federal and New York State fiduciary income tax returns $450.00 TO: Everett Browder, as and for part of his distributive share, the sum of $1,054,197.07 plus any additional interest earned on Signature Bank account #1503947303 And it is further ORDERED, ADJUDGED AND DECREED, that upon complying with the terms of this Decree, Everett Browder, as administrator of the goods, chattels and credits that were of Kalief Browder, deceased, Gary S. Basso, Esq. as the escrowee of Kalief Estate Account and the law firm of Velella & Basso be and hereby are discharged from any and all further liability as to all things embraced in said account and this decree.
